Court filing
Affidavit Declaration of Beth A. Wilkinson — United States v. Visa Inc. (Dkt. 38.1)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2024-12-16 |
U.S. District Court for the Southern District of New York · No. 1:24-cv-07214-JGK · Doc. 38-1 · 2024-12-16 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. VISA INC., Defendant. Case No. 1:24-cv-07214-JGK-SLC DECLARATION OF BETH A. WILKINSON Beth A. Wilkinson declares, under penalty of perjury, pursuant to 28 U.S.C. § 1746, as follows: 1. I am a member of the bar of this Court and a partner with the law firm Wilkinson Stekloff, LLP, attorneys for Defendant Visa Inc. (Visa) in the above-captioned action. I submit this declaration in support of Visa’s Motion to Dismiss the Complaint. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Payment Platform Agreement (“Apple Technology Agreement”), a contract between Visa and Apple Inc. dated August 29, 2014. This document is referenced at Paragraph 136 of the Complaint. 3. Attached hereto as Exhibit 2 is a true and correct copy of Amendment No. 9 to the Apple- Visa Payment Platform Agreement, a contract between Visa and Apple Inc. dated June 3, 2021. The Apple-Visa Payment Platform Agreement is referenced at Paragraph 136 of the Complaint. 4. Attached hereto as Exhibit 3 is a true and correct copy of the Visa Global Strategic Merchant Initiative Agreement (“Apple Merchant Agreement”), a contract between Visa Case 1:24-cv-07214-JGK Document 38-1 Filed 12/16/24 Page 1 of 2 2 and Apple Inc. dated April 1, 2022. This document is referenced at Paragraph 136 of the Complaint. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Amended and Restated Visa- PayPal Strategic Partnership Agreement (“PayPal Agreement”), a contract between Visa and PayPal, Inc. dated July 1, 2022. This document is referenced at Paragraph 124 of the Complaint. 6. Attached hereto as Exhibit 5 is a true and correct copy of the Amended and Restated Visa Direct Agreement, a contract between Visa and Block Inc. (formerly called Square) dated May 1, 2023. This document is referenced at Paragraph 132 of the Complaint. 7. Attached hereto as Exhibit 6 is a true and correct excerpt of the official transcript of the Court’s November 12, 2024 conference in this matter. I declare under penalty of perjury that the foregoing is true and correct. DATED: December 16, 2024 Washington, D.C. /s/ Beth A. Wilkinson Beth A. Wilkinson Case 1:24-cv-07214-JGK Document 38-1 Filed 12/16/24 Page 2 of 2
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