Visa’s $5.6 Billion Swipe Fee Deal Doesn’t Block Fresh Monopoly Claims

US District Judge Margo Brodie issued the decision on Wednesday in Brooklyn, New York, finding that the latest lawsuits accusing Visa of monopolizing the debit card market involve facts that are “materially different” from those in the earlier litigation, according to Bloomberg.

The ruling stems from an October lawsuit brought by merchants, whose allegations closely align with a Justice Department case filed in Manhattan a month earlier. Visa had attempted to exclude some merchant plaintiffs from the new proceedings, arguing they had already waived their claims as part of the 2019 $5.6 billion settlement. Brodie’s decision rejected that effort, ensuring Visa remains entangled in years of litigation involving both government prosecutors and private businesses, per Bloomberg.

Related: Japan Orders Visa to Reform Business Practices Over Antitrust Violations

The 2019 agreement was one of the largest antitrust settlements in U.S. history. It resolved long-running claims from merchants who argued that Visa and MasterCard imposed excessive fees every time customers swiped their credit or debit cards. That settlement, however, primarily addressed damages rather than forcing structural changes to how the card networks operate, leaving space for further disputes over their business practices.

The earlier litigation dates back nearly two decades to 2005 and targeted both Visa and MasterCard. That case produced the historic settlement but also left unresolved disputes, with ongoing efforts by plaintiffs to push for changes in the companies’ business practices. By contrast, the new round of lawsuits singles out Visa alone, one of the distinctions highlighted by Judge Brodie in her decision.

Visa declined to comment on the ruling to Bloomberg.

Source: Bloomberg