NEW YORK, June 25 (Reuters) -
A U.S. judge on Tuesday rejected a $30 billion antitrust
settlement in which Visa and Mastercard ( MA ) agreed to
limit fees they charge merchants who accept their credit and
debit cards.
U.S. District Judge Margo Brodie in Brooklyn concluded that
she was not likely to grant final approval to the settlement,
and therefore denied the plaintiffs' request for preliminary
approval.
Her decision could force Visa and Mastercard ( MA ) to
negotiate a settlement more favorable to merchants, or go to
trial.
The
settlement announced in March
was intended to resolve most litigation that began in 2005
over so-called swipe fees, also known as interchange fees, that
merchants pay to accept Visa and Mastercard ( MA ), and which the card
networks set.
Those fees totaled about $72 billion in 2023, according
to the Nilson Report. They generate profits for bank and other
card issuers, which funnel many of the fees into rewards
programs that encourage consumers to spend more.
Many merchants and retail trade groups viewed the fees,
typically 1.5% to 3.5%, as excessive.
They also objected to rules forbidding merchants from
telling customers why some cards cost more than others, and
steering them toward cheaper cards.
Critics also say the fees lead to higher prices for
consumers, who are now sometimes charged less for using cash.
The settlement called for the average swipe fee to fall
at least 0.04 percentage points for three years, and stay at
least 0.07 percentage points below the current average for five
years.
Visa and Mastercard ( MA ) also agreed to cap rates for five
years and remove anti-steering provisions, while merchants got
more discretion to offer discounts or impose surcharges.
Several trade groups, including the National Retail
Federation, objected to the settlement.
They said the relief for merchants was small and
temporary, and made it difficult for them to mount future legal
challenges, while still letting Visa and Mastercard ( MA ) dictate
swipe fees.
Some U.S. senators have promoted legislation, the Credit
Card Competition Act, to let merchants use other payment
networks to process Visa and Mastercard ( MA ) transactions.
The rejection does not affect a separate
$5.6 billion class action swipe fee settlement
among Visa, Mastercard ( MA ) and about 12 million merchants.
A federal appeals court in Manhattan upheld that accord
in March 2023, seven years after
throwing out
a $7.25 billion settlement that short-changed some
retailers.
The case is In re Payment Card Interchange Fee and
Merchant Discount Antitrust Litigation, U.S. District Court,
Eastern District of New York, No 05-md-01720.