This settlement (if implemented) heavily favors the banks and shifts the burden to retailers to implement system upgrades to accurately calculate the surcharge for premium cards. I doubt merchants will want to have negotiation prompts at in-person point of sale since it's a huge waste of time for the merchant, and rude to the next customer waiting in line.
Do you want to be THAT GUY/GAL making the waiter run back and forth to try different cards and slowing down service for everyone else??!?!?
Online merchants could implement this easier since they could display the different surcharges for your cards on file (or any newly added cards) and you could decide how to proceed -- and nobody else's time is wasted.
But for most merchants nothing will change, they'll continue to mark up the prices for everyone to subsidize the rewards for the more fortunate customers. (The poor pay more).