NEW YORK—A Second Circuit panel has refused to let a group of gas stations pursue separate antitrust claims against Visa and Mastercard over swipe fees, holding they remain bound by the earlier $5.6-billion merchant settlement.
The case was brought by gasoline retailers that said they indirectly paid inflated interchange fees through fuel suppliers, franchisors or jobbers rather than contracting directly with card acquirers. A lower court had rejected their effort to proceed separately, and the appeals court affirmed Monday.
The ruling is another win for Visa and Mastercard in the long-running merchant interchange litigation, which dates back to 2005 and alleged the card networks and issuing banks used rules and practices that kept swipe fees artificially high. The $5.6-billion settlement was previously upheld by the Second Circuit in 2023.
The decision comes as a separate, broader proposed swipe-fee settlement remains under court scrutiny, with merchants continuing to object that the deal does not go far enough to change network rules or reduce fee burdens. Reuters reported last week a federal judge was reviewing a new settlement estimated at $38 billion in merchant savings.