Summary
Mastercard Inc. (MA) has filed an 8-K report detailing a Superseding and Amended Class Settlement Agreement to resolve U.S. merchant class litigation related to interchange and fee structures. This agreement, subject to court approval, amends a prior settlement and includes an additional $900 million payment from defendants, with Mastercard's pre-tax share being $108 million. Importantly, Mastercard had already increased its reserve by $210 million in Q2 2018 to cover this and estimated opt-out cases, bringing its total accrued liability to $947 million as of June 30, 2018. Therefore, this specific agreement does not represent an incremental financial impact beyond what has already been provisioned for in the company's financial statements. The settlement provides Mastercard and its financial institution partners with a release from all damages claims by merchant class members concerning interchange and fee structures and acceptance rules. This release is valid for retrospective claims and prospective claims for five years post-resolution of appeals. It's crucial to note that this agreement does not address claims seeking changes to business practices (Rules Relief Class), for which settlement negotiations are ongoing.
Key Highlights
- 1Mastercard entered into a Superseding and Amended Class Settlement Agreement on September 17, 2018, to settle U.S. merchant class litigation.
- 2The agreement requires an additional $900 million payment from defendants, with Mastercard's pre-tax share being $108 million.
- 3Mastercard had previously increased its reserve by $210 million in Q2 2018 to cover its expected financial obligation and estimated opt-out cases.
- 4As of June 30, 2018, Mastercard had accrued a total liability of $947 million for this litigation, meaning the new agreement has no incremental financial impact.
- 5The settlement provides a release from damages claims related to interchange fees and merchant acceptance rules for both past and prospective actions (for five years post-appeal resolution).
- 6The agreement excludes claims seeking changes to business practices (Rules Relief Class), with those negotiations continuing separately.
- 7The settlement is subject to court approval.