Contact

Click here for a confidential contact or call:

1-212-350-2774

Payments Insights

UK Regulator Raps Schemes for Raising Fees and Concludes that Card-Acquiring Services Market “Does Not Work Well”

Posted  12/3/21
By Richard Pike, Simon Yeung and Andreas Killi[1] A comprehensive government review has concluded that the card-acquiring services that enable merchants in the UK to accept card payments is not working well for a significant number of merchants. The UK’s Payment Systems Regulator (PSR; the economic regulator of the payment systems industry in the UK) published its final report on its market review into...

Disrupting the Equilibrium? Why stablecoins may struggle to challenge existing payment schemes

Posted  11/8/21
By Richard Pike
Mastercard and Visa have dominated global markets for consumer payments for decades. A key reason for their success is the barriers to entry into the global general purpose payment card network market. It is hard to replicate Visa’s and Mastercard’s global acceptance, and those networks do everything in their power to maintain and increase those barriers. Certain cryptocurrencies, known as stablecoins, have the...

App Store Competition Bill Contains A Loophole

Posted  08/13/21
By Kristian Soltes
Although Congress has already had a busy 2021 pushing antitrust legislation that targets large digital technology platforms, even more legislative battles are looming on the horizon. Earlier this year, bipartisan members of the House introduced six antitrust bills designed to curb the perceived power of tech platforms, some of which were also introduced in the Senate.[1] Those bills have made it through the...

Developments in Merchant Surcharging: Hold the Champagne

Posted  07/28/21
By Jeffrey I. Shinder, Kristian Soltes
Those following the payments industry press on surcharging may have noticed headlines touting recent events in state legislatures and in the courts, which deceptively suggest that the state laws prohibiting merchant surcharging are falling away.  But, as is often the case, the devil is in the details and the positive headlines mask a more sobering reality.   Colorado Governor Jared Polis, for example, recently

The First Blockchain Antitrust Case. Or Is It?

Posted  05/29/19
By Kristian Soltes
Legal professionals paying close attention to the still nascent world of blockchains and cyptocurrencies are following what is considered to be the first antitrust case involving cryptocurrencies. For enthusiasts, United American Corp. v. Bitmain, Inc. involves the self-described inventor of bitcoin on one side, the operator of bitcoin.com on the other side, the world’s largest mining pools, and the Bitcoin Cash...

Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule

Posted  05/15/19
By Harrison J. McAvoy
The Supreme Court issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or apps. The Court ruled in favor of the plaintiffs, holding that iPhone owners have standing to pursue a claim for damages against Apple under the federal antitrust laws.  The decision has significant implications in terms of both the...

Brexit's Potential Impact on the UK Payments Industry

Posted  05/8/19
Like many around the world we have followed the trials and tribulations of Brexit with great interest.  It is beyond the scope of this blog to enter into the fraught territory of predicting the United Kingdom’s future relationship with Europe.  However, we have been following Brexit’s potential impact on payments regulations in the United Kingdom given the potential impact to UK merchants and Fintechs.  Below...

Does the Token Taxonomy Act Offer “Security” for Blockchain?

Posted  04/29/19
Blockchain and cryptocurrency, which some call the most innovative technology since the internet, should be dominating America’s tech industry. But it isn’t. A lack of regulatory certainty combined with inconsistent guidance from the SEC and the courts has crypto-startups flourishing overseas instead of right here at home. As a result, the Token Taxonomy Act (“TTA”) has been reintroduced in the House of...

TCH Just Made the Case for a Federal Reserve Real-Time Payments Alternative

Posted  04/18/19
By Jeffrey I. Shinder
For many years, The Clearing House (“TCH”) has occupied an unusual space in the payments industry.  Owned by 26 of the largest banks in the United States, TCH is uniquely capable of deploying a set of payment rails that could be transformative.  Few can match what TCH brings to the table.  TCH operates a wire transfer platform (CHIPS), an ACH network (EPN), a check imaging system and, most consequentially, a...

PSD2 and the Future of Payment Services in Europe

Posted  04/17/19
Open Banking is a major topic of discussion in the United States as a potential solution to the lack of competition in the marketplace.  The European payments services directive (“PSD2”) is the most comprehensive Open Banking initiative we are aware of, and its progress is a good barometer of whether such regulations can successfully introduce new competition in payments.  Our London office prepared the...
1 2