Ill. Liquor Store Urges Denial of Motion to Stay Case vs. Apple, Visa, Mastercard

Defendants Apple, Visa and Mastercard seek to stay all proceedings in an antitrust class action brought Dec. 14 by Mirage Wine & Spirits, a liquor store in O’Fallon, Illinois, while they attempt to “drag it” into a nearly 20-year-old multidistrict litigation, In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (MDL docket 1720), in which almost all discovery is complete (see 2403060037), said Mirage’s response in opposition Monday (docket 3:23-cv-03942) in U.S. District Court for Southern Illinois in East St. Louis. Mirage alleges that Apple had enough leverage to “disrupt” Visa's and Mastercard's dominant position in the U.S. market for point-of-sale payment card network services when it was preparing to introduce its iPhone Apple Pay feature in 2014, but instead it colluded with them to maintain their market domination (see 2312150005). While the defendants “speak of efficiencies” in seeking to stay Mirage’s case, their actions “only sow delay,” it said. There’s “no need to stay this action,” it said. The case involves a new theory, a new defendant, and little “factual overlap,” and so it’s unlikely to be consolidated into a “near terminal” MDL, said Mirage’s opposition. Allowing Mirage’s action to proceed “in the normal course” under the Federal Rules of Civil Procedure, such as setting a schedule, conducting initial Rule 12 motion practice, and beginning discovery, won’t “unduly burden or prejudice” the defendants, it said. Mirage has already agreed to an extension of time for the defendants to answer or respond to its complaint, which addresses the defendants’ “stated concern about multiple litigation obligations,” without jeopardizing the trial date set by this court, it said. The defendants’ proposed stay won’t simplify issues, streamline the trial or reduce burdens on the parties. It said: “It will do the opposite.”