June 14 (Reuters) - Discover Financial Services ( DFS )
unit Pulse Network ( TPNI ) has agreed to settle a lawsuit in Texas
accusing Visa of obstructing competition in the
multibillion-dollar debit card network services market, causing
merchants to pay higher fees.
Pulse and Visa disclosed the accord in a court filing on
Friday in federal court in Houston, where Pulse had sued the
payment card giant in 2014. Pulse said it was dismissing its
case with "prejudice," meaning that it cannot be refiled.
The court filing, signed by both sides, did not reveal the
terms of the settlement. The companies did not respond to
requests for comment or additional information.
Pulse's lawsuit said Visa set up a monthly and
per-transaction pricing structure that unfairly incentivized
merchants against switching to other card networks.
The lawsuit sought compensation for lost profits and a court
order to "promote healthy competition for general purpose debit
card network services."
A trial was scheduled for 2026. Visa had denied any
wrongdoing.
The case had languished for years before being dismissed in
2018 by U.S. District Judge Lynn Hughes. The New Orleans-based
5th U.S. Circuit Court of Appeals revived the lawsuit and
assigned it to a new judge in 2022, questioning whether Hughes
had shown "ingrained skepticism about Pulse's claims."
The case is Pulse Network LLC v. Visa Inc ( V ), U.S. District
Court for the Southern District of Texas, No. 4:14-cv-03391.
For Pulse: David Beck of Beck Redden
For Visa: Liz Ryan of Weil, Gotshal & Manges
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