United States v. Visa U.S.A. Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the “longer the lags before new entry, the less likely it is that potential entrants would be able to enter the market in a timely, likely, and sufficient scale to deter or counteract any anticompetitive restraints”
• finding plaintiffs satisfied their initial burden with regard to the network services market by showing a likelihood of harm to merchants
• considering Visa and MasterCard’s intent in enacting the exclusionary rules in rejecting proffered pro-competitive justifications
• noting “[mjerchant acceptance, and the consumer perception of merchant acceptance, is vital to a network,” and that increases in both metrics “can lead to an increase in card issuance and transaction volume”
• noting Visa and MasterCard’s ability to “charge differing interchange fees based, in part, on the degree to which a given merchant category needs to accept general purpose cards,” in other words, cardholders’ credit-insistence, “illustrates their market power”
• noting merchants “cannot refuse to accept Visa and MasterCard even in the face of significant price increases because the cards are such preferred payment methods that customers would choose not to shop at merchants who do not accept them”

Source: CourtListener parenthetical corpus (CC0).