The $7 Billion VISA Mastercard Settlement Opt Outs Should Plan to Litigate in a New MDL

Retailers and states attorneys general have all combined to object to the $7.3 billion Visa Mastercard antitrust price fixing class action. With the September 10, 2013 final approval hearing looking, one wonders whether Judge Gleeson will approve the settlement despite the objectors–who represent several billion dollars in notional damages–and who do not want to release their claims for injunctive relief.

It would not be surprising to see Judge Gleeson approve the damages settlement, with the idea that the opt outs are fully capable of fending for themselves, while carving objectors out of the injunctive class, or simply not finalizing the settlement class.