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Judge Dismisses Merchants’ Antitrust Suit Against Apple, Visa and Mastercard

A federal judge found the merchant complaint too speculative, granting a 30-day window for a revised class action before the case is permanently dismissed.

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Overview

  • Judge David Dugan ruled the plaintiffs relied on circumstantial allegations and failed to show Apple intended to launch a rival payment network.
  • The 2023 lawsuit led by Mirage Wine & Spirits alleged that Visa and Mastercard paid Apple 0.15% on credit and 0.5 cents on debit transactions as a “cash bribe” to preserve high fees.
  • Under the court’s order, merchants have 30 days to submit a Second Amended Class Action Complaint or see the case dismissed with prejudice under Rule 41(b).
  • Apple did not comment on the ruling, and both Visa and Mastercard declined to respond to requests for comment.
  • The decision joins broader antitrust scrutiny of swipe fees and digital payment networks as regulators push to increase competition and lower merchant costs.