The United States Department of Justice, Antitrust Division, along with several states’ attorneys general have sued Visa, MasterCard, and American Express alleging that the card systems’ rules prohibiting merchants from offering discounts to consumers who use a particular card brand constitute unreasonable vertical agreements in restraint of trade. The Division simultaneously filed a proposed consent decree entered by Visa and MasterCard in which they propose to settle the case by agreeing to permit merchants to offer discounts based on the card brand or card type (e.g., rewards v. standard) that a customer uses. American Express has stated an intent to litigate the case. The consent decree specifically does not limit the Visa and MasterCard rules prohibiting merchants from surcharging cards, card brands, or card types, nor does it require that merchants be permitted to discriminate among card issuers within the Visa or MasterCard System.