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This case was last updated from PACER on 04/20/2021 at 09:20:56 (UTC).

Intuit Inc. et al v. Visa Inc. et al

Case Summary

On February 19, 2021, Intuit Inc. and Intuit Payment Solutions, LLC (“IPS,” together with Intuit Inc. “Intuit” or “Plaintiffs”), represented by Adam Bryan Wolfson of Quinn Emanuel Urquhart Sullivan LLP, filed an antitrust complaint against Visa Inc.(“Visa USA”), Visa U.S.A. Inc.(“Visa International”), Visa International Service Association (collectively with Visa U.S.A. and Visa International, “Visa”), Mastercard Incorporated and Mastercard International Incorporated (“Mastercard International,” collectively with Mastercard Incorporated, “Mastercard,” and collectively with Visa, “Defendants”), seeking treble damages and injunctive relief for alleged anti competitive conduct. This case was filed in U.S. District Court in the Northern District of California with Judge Edward M. Chen presiding

 

In the complaint, Plaintiffs alleged that “Defendants created and maintain twin cartels that implemented their agreements to fix prices, to avoid competition, and to protect their market power. One conspiracy was perpetrated by Visa and its member banks; the other was perpetrated by Mastercard and its member banks. Both conspiracies are ongoing.” and that “One of the main pillars of each of these conspiracies is Visa’s and Mastercard’s Honor All Cards rules. Pursuant to these rules, each network’s member/owner banks have agreed that any merchant, ISO, or PayFac that accepts any one bank’s General Purpose Credit (or Debit) Cards issued over that network must accept all other banks’ General Purpose Credit (or Debit) Cards that carry the brand of that network. These “all or nothing” rules constitute agreements.”

 

Plaintiffs further alleged that “Although Visa and Mastercard initially focused their anticompetitive conduct on General Purpose Credit Cards, once they achieved substantial market power in the General Purpose Credit Card Transaction Market they leveraged it to achieve substantial market power in the General Purpose Debit Card Transaction Market by forcing merchants, ISOs, and PayFacs to accept Defendants’ Signature Debit Card transactions as a condition of accepting Defendants’ dominant General Purpose Credit Card transactions and by engaging in a variety of other exclusionary conduct.”

 

There are eighteen claims for relief laid down by the Plaintiffs. The first and second claim is against Visa for horizontal price fixing and horizontal agreements not to compete in the general purpose credit and debit card transaction market (Section 1 of Sherman Act), claims 3 and 4 are identical claims against Mastercard, claims 5 and 6 are against Visa for price restraints in the general purpose credit and debit card transaction market (Section 1 of Sherman Act), claims 7 and 8 are identical claims against Mastercard, claims 9, 10 and 11 are against Visa for Monopolization, attempted monopolization, conspiracy to monopolize general purpose debit card transaction market (Section 2 of Sherman Act), claims 12 and 13 are against Visa for violation of California State Antitrust Law in the general purpose credit and debit card transaction market (Cal. Bus. & Prof. Code § 16700 et seq.), claims 14 and 15 are identical claims against Mastercard, claims 16 and 17 are against Visa and Mastercard respectively for Against Visa for unfair and unlawful business practices in violation of California State Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and the last claim is against Visa and Mastercard for violation of State Antitrust and Unfair Competition Laws.

 

In its prayer for relief, the Plaintiff requested the court to pass an order to declare that Defendants have violated federal and state laws, award damages to Plaintiffs, and enjoin Visa’s FANF along with awarding costs of action.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-01234

  • Filing Date:

    02/19/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Edward M. Chen

 

Party Details

Plaintiffs

Intuit Payment Solutions, LLC

Intuit Inc.

Defendants

Visa International Service Association

Mastercard Incorporated

Visa Inc.

Mastercard International Incorporated

Visa U.S.A. Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Adam Bryan Wolfson

Attorney at Quinn Emanuel Urquhart Sullivan LLP

865 S Figeuroa

Los Angeles, CA 90017

Kevin Yoshiwo Teruya

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 S Figueroa St

Los Angeles, CA 90017

 

Court Documents

#22

(#22) ORDER TRANSFERRING CASE.. Signed by MDL Panel Clerk on 3/5/2021. (elyS, COURT STAFF) (Filed on 3/5/2021) (Entered: 03/05/2021)

21 #7

Exhibit F

21 #6

Exhibit E

21 #5

Exhibit D

21 #4

Exhibit C

21 #3

Exhibit B

21 #2

Exhibit A

21 #1

Declaration of Adam B. Wolfson In Support

#21

(#21) NOTICE by Intuit Inc., Intuit Payment Solutions, LLC (PLAINTIFFS INTUIT INC. AND INTUIT PAYMENT SOLUTIONS, LLC'S NOTICE OF COMPLIANCE WITH STATE STATUTES) (Attachments: #1 Declaration of Adam B. Wolfson In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Wolfson, Adam) (Filed on 3/4/2021) (Entered: 03/04/2021)

#9

(#9) Summons Issued as to Visa International Service Association. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

#8

(#8) Summons Issued as to Visa U.S.A. Inc.. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

#7

(#7) Summons Issued as to Visa Inc.. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

#6

(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/18/2021. Initial Case Management Conference set for 5/25/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

#4

(#4) Corporate Disclosure Statement by Intuit Inc., Intuit Payment Solutions, LLC (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

#3

(#3) Certificate of Interested Entities by Intuit Inc., Intuit Payment Solutions, LLC (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

#2

(#2) Proposed Summons. (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc. ( Filing fee $ 402, receipt number 0971-15599867.). Filed byIntuit Inc., Intuit Payment Solutions, LLC. (Attachments: #1 Civil Cover Sheet)(Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

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Docket Entries

  • 03/08/2021
  • DocketCase transferred from California Northern has been opened in Eastern District of New York as case 1:21-cv-01175, filed 03/08/2021. (elyS, COURT STAFF) (Filed on 3/8/2021) (Entered: 03/08/2021)

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  • 03/05/2021
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  • Docket(#22) ORDER TRANSFERRING CASE.. Signed by MDL Panel Clerk on 3/5/2021. (elyS, COURT STAFF) (Filed on 3/5/2021) (Entered: 03/05/2021)

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  • 03/04/2021
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  • Docket(#21) NOTICE by Intuit Inc., Intuit Payment Solutions, LLC (PLAINTIFFS INTUIT INC. AND INTUIT PAYMENT SOLUTIONS, LLC'S NOTICE OF COMPLIANCE WITH STATE STATUTES) (Attachments: #1 Declaration of Adam B. Wolfson In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Wolfson, Adam) (Filed on 3/4/2021) (Entered: 03/04/2021)

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  • 02/25/2021
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  • Docket(#20) NOTICE of Appearance by Kevin Yoshiwo Teruya (Teruya, Kevin) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#19) SUMMONS Returned Executed by Intuit Inc., Intuit Payment Solutions, LLC. Mastercard International Incorporated served on 2/24/2021, answer due 3/17/2021. (Wolfson, Adam) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#18) SUMMONS Returned Executed by Intuit Inc., Intuit Payment Solutions, LLC. Mastercard Incorporated served on 2/24/2021, answer due 3/17/2021. (Wolfson, Adam) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#17) SUMMONS Returned Executed by Intuit Inc., Intuit Payment Solutions, LLC. Visa U.S.A. Inc. served on 2/24/2021, answer due 3/17/2021. (Wolfson, Adam) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#16) SUMMONS Returned Executed by Intuit Inc., Intuit Payment Solutions, LLC. Visa International Service Association served on 2/24/2021, answer due 3/17/2021. (Wolfson, Adam) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#15) SUMMONS Returned Executed by Intuit Inc., Intuit Payment Solutions, LLC. Visa Inc. served on 2/24/2021, answer due 3/17/2021. (Wolfson, Adam) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/23/2021
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  • Docket(#14) ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk on 2/23/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 2/23/2021) (Entered: 02/23/2021)

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3 More Docket Entries
  • 02/22/2021
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  • Docket(#10) Summons Issued as to Mastercard Incorporated. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#9) Summons Issued as to Visa International Service Association. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#8) Summons Issued as to Visa U.S.A. Inc.. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#7) Summons Issued as to Visa Inc.. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/18/2021. Initial Case Management Conference set for 5/25/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/22/2021
  • Docket(#5) Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/8/2021. (cv, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

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  • 02/19/2021
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  • Docket(#4) Corporate Disclosure Statement by Intuit Inc., Intuit Payment Solutions, LLC (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#3) Certificate of Interested Entities by Intuit Inc., Intuit Payment Solutions, LLC (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#2) Proposed Summons. (Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#1) COMPLAINT against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc. ( Filing fee $ 402, receipt number 0971-15599867.). Filed byIntuit Inc., Intuit Payment Solutions, LLC. (Attachments: #1 Civil Cover Sheet)(Wolfson, Adam) (Filed on 2/19/2021) (Entered: 02/19/2021)

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