Visa Mastercard Settlement Rejected by Judge: Potential Trial or Renegotiation Looms

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Written By Vikas Jangid

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Visa Mastercard Settlement Rejected by Judge

A federal judge in Brooklyn has thrown a wrench into efforts to settle a longstanding lawsuit regarding fees charged to merchants by Visa and Mastercard.

Judge Unlikely to Approve Current Visa Mastercard Settlement

On Tuesday, Judge Margo Brodie declined to approve a proposed $30 billion antitrust settlement between Visa Mastercard, and a group of merchants.

The settlement aimed to resolve litigation dating back to 2005 concerning "interchange fees," also known as "swipe fees," which merchants pay to process Visa and Mastercard transactions.

These fees, which generate significant profits for banks and card issuers, were a major point of contention for merchants.


Source: Twitter/Reuters

While the settlement included provisions to decrease average swipe fees and eliminate restrictions on merchants offering discounts for certain card types, critics argued these benefits were minimal and short-lived.

The National Retail Federation and other trade groups were particularly vocal in their opposition, urging for a more substantial reduction in fees and the ability to challenge them in the future.

Visa Mastercard Settlement Rejection Paves Way for Potential Trial or Renegotiation

Judge Brodie's decision now forces Visa and Mastercard back to the negotiating table. They have two main options:

  1. Renegotiate a settlement: The companies could attempt to reach a new agreement with merchants that addresses their concerns. This could involve a steeper reduction in fees or greater concessions on future legal challenges.

  2. Go to trial: If no new agreement is reached, the case will likely proceed to trial. This could take years and the outcome is uncertain.

What Does the Visa Mastercard Settlement Rejection Mean for Consumers?

The ultimate impact of the rejected Visa Mastercard settlement on consumers remains to be seen. While lower swipe fees could theoretically lead to lower prices for goods and services, some argue that merchants may simply absorb the cost savings rather than passing them on to consumers.

Additionally, reducing the profitability of swipe fees could impact rewards programs offered by banks and card issuers.

Looking Ahead: The Credit Card Competition Act and Alternative Payment Networks

In the wake of the Visa Mastercard settlement rejection, some U.S. senators are promoting the Credit Card Competition Act. This legislation would allow merchants to utilize alternative payment networks to process Visa and Mastercard transactions, potentially increasing competition and driving down swipe fees.

The future of swipe fees and how they impact consumers will likely depend on the outcome of the Visa Mastercard settlement negotiations, any potential trial, and the fate of the Credit Card Competition Act.

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