Highlights:
Last week, a federal judge handed down a ruling that reframes the entire debate over credit card swipe fees, and Congress should be paying attention.
The ruling granted preliminary approval of a $38 billion settlement between Visa, Mastercard, and a class of more than 12 million merchants who alleged that the two payment networks violated federal antitrust law. U.S. District Court Judge Brian Cogan found the settlement to be “fair, reasonable and adequate” under the governing legal standard.
Merchants first sued Visa and Mastercard in 2005, alleging the payment networks had locked in fees well above competitive levels. What followed was nearly twenty years of litigation. A 2024 settlement attempt, worth around $30 billion, fell short – the court called it too small and too narrow. So the parties went back to negotiations, and produced the revised agreement. The ruling is an important milestone, but its significance extends beyond the courtroom.
The settlement delivers that relief without a single act of Congress:
Nobel Prize-winning economist Joseph Stiglitz (who was retained by the plaintiff merchants) estimated the changes could save merchants $38 billion by 2031 and deliver $224 billion in total benefits, including to consumers. When even the plaintiffs’ own expert calls it a massive win, the case for congressional intervention collapses.
Merchants and payment networks spent two decades fighting in court, negotiated under real legal pressure, and reached terms a federal judge found fair. This is how market accountability works.
Some legislators have renewed their push for the CCCA, which would impose government-engineered market intervention. These proponents have argued that legislation is the only way to meaningfully reduce merchant costs. This settlement is Exhibit A for why that argument does not hold up.
Pinpoint has previously documented why the CCCA would be a repeat of the failures of the Durbin Amendment, which in 2010 imposed price controls on debit interchange fees. Instead of passing savings along to consumers, retailers pocketed the difference. About 1 million more people became unbanked, as banks responded by cutting free checking and scaling back debit rewards. A University of Chicago study put consumer losses from the Durbin Amendment at an estimated $22-25 billion.
The CCCA was supposed to be the only fix. This settlement says otherwise.
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