Summary
Visa Inc. has filed an 8-K report detailing significant progress in resolving the major antitrust litigation, In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. The company, along with MasterCard and various financial institutions, has entered into a Memorandum of Understanding (MOU) with the Class Plaintiffs to settle claims brought by U.S. retailers. This settlement is structured around a total payment of approximately $6.05 billion, with Visa's share being about $4 billion, funded from an existing escrow account. Additionally, Visa has reached an agreement in principle with the Individual Plaintiffs in the same litigation. These developments are poised to have a substantial impact on Visa's financial statements. The company intends to record a litigation charge of approximately $4.1 billion for the quarter ending June 30, 2012, increasing its total reserve for this litigation to approximately $4.4 billion. Key terms of the Class Plaintiffs' settlement include a comprehensive release of claims, a reduction in interchange fees for merchants over eight months, and rule changes allowing retailers to surcharge credit transactions under certain conditions. While significant hurdles remain, including corporate approvals and final court approval, these agreements represent a crucial step towards resolving a long-standing and material legal dispute.
Key Highlights
- 1Visa Inc. has entered into a Memorandum of Understanding (MOU) to settle the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation with Class Plaintiffs.
- 2Visa's share of the settlement is approximately $4 billion, part of a total settlement payment of approximately $6.05 billion by all defendants.
- 3The settlement includes a comprehensive release of claims from participating class members and protection against future litigation regarding interchange fees and U.S. rules.
- 4Visa will implement rule changes allowing retailers to surcharge credit transactions, subject to a cap and a level playing field with competitors.
- 5The company has also reached an agreement in principle to resolve claims from Individual Plaintiffs in the same litigation.
- 6Visa intends to record a litigation charge of approximately $4.1 billion for the quarter ending June 30, 2012, increasing its total reserve to approximately $4.4 billion.
- 7The settlement is subject to various conditions, including corporate and court approvals, and successful negotiation of further agreements.