A New York federal judge has rejected Visa and Mastercard’s latest attempt to dismiss antitrust claims brought by Intuit and Block, reaffirming the court’s previous findings in the long-running multidistrict litigation over payment processing fees.
In an opinion unsealed last week, U.S. District Judge Margo K. Brodie denied Visa and Mastercard’s motion for an injunction to dismiss certain antitrust claims related to transactions in which Intuit Inc. and Block Inc., formerly known as Square, acted as payment facilitators for their merchant clients.
Judge Brodie noted that the motion was “substantively identical” to a motion filed last year by Visa and Mastercard, which sought to enforce a merchant settlement against Intuit and Block. The court previously determined that Intuit and Block were not parties to that settlement.
“Defendants make identical arguments and seek the same relief as in the earlier motion to enforce,” Judge Brodie stated. She further explained that the companies had not demonstrated grounds for reconsideration of the court’s May 2024 decision addressing the matter.
Visa and Mastercard argued that there was a legal distinction between issues a court has “previously rejected” and issues a court has “previously declined to reach.” Judge Brodie rejected this claim, noting that no legal authority supports such a distinction, and that the defendants had not met the standards for reconsideration under the law.
In a joint status report filed Friday, Visa and Mastercard said they are “considering their options” in light of the ruling and will provide updates as appropriate.
The ongoing litigation, dating back to 2005, has seen multiple settlements involving Visa and Mastercard, including a 2024 deal intended to reduce fees by $30 billion over several years. Despite these settlements, the antitrust claims brought by Intuit and Block remain active.
