The court’s ruling spelled major trouble for Visa and MasterCard. Under U.S. law, a competitor that has been damaged by the anticompetitive practices of dominant firms can recover triple the damages that actually occurred. Rivals Discover and American Express filed suits against Visa and MasterCard. In 2008, American Express reached an agreement with MasterCard for a settlement of $1.8 billion. That followed a 2007 settlement with Visa for $2.1 billion. Together, the two agreements represented the largest judgments in America’s antitrust history. Discover’s $6 billion suit was still pending in mid-2008.Eric Dash, “MasterCard Will Pay $1.8 Billion To a Rival,” New York Times, June 26, 2008, p. C4; and United States vs. Visa U.S.A., Inc., 344 F.3d 229 (2d. Circuit 2003). The government’s case against Visa and MasterCard illustrates one major theme of this chapter.
