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Electronic Payments Practice

Constantine Cannon has unparalleled expertise and worldwide recognition in cases involving the payments industry.  Since the firm’s formation in 1994, we have represented clients concerning virtually every major antitrust development in the payments space.  

This includes litigating every major antitrust case involving Visa, Mastercard and American Express since the 1990s. The firm has represented clients with respect to government investigations, mergers and joint ventures in the industry.  

Our payments industry expertise spans the convergence of fintech and digital commerce and payments.  We are adept at helping large, diverse groups of clients band together in complex cases that require significant time, stamina and legal acumen to plan and win. 

For instance, we serve as counsel for the 7-Eleven Group, the largest of several groups of retailers challenging Visa’s and Mastercard’s Honor All Cards and default interchange rules in a long-running multidistrict litigation.  The 7-Eleven Group includes many of the largest merchants in the United States, including Amazon, Costco, Lowes, Starbucks, Gap, Amtrak, 7-Eleven among many others.

Complex Cases, Major Wins

For millions of retailers, our lawyers secured what was then the largest antitrust settlement in U.S. history in In Re Visa Check/MasterMoney Antitrust Litigation. The case was brought by Walmart and other large retailers on behalf of a certified class of four million retailers that had been forced to accept Visa/MasterCard signature debit transactions at supra-competitive prices. Our work resulted in a monetary settlement of $3.4 billion (then three times the previous largest award) and injunctive relief estimated by the Court at upwards of $87 billion. 

Constantine Cannon also secured what was then the third largest antitrust settlement for client Discover Financial Services, Inc. Discover had sued Visa and MasterCard for damages regarding Visa’s and Mastercard’s enforcement of rules that precluded their bank members from issuing Discover-branded cards. The case resulted in a settlement of $2.75 billion on the eve of trial.

For a group of more than 60 merchants, including both Walmart and Amazon, we successfully objected to the $7.25 billion settlement of the class claims against Visa and Mastercard regarding their Honor All Cards and default interchange rules, among other practices.  That settlement was vacated by the Court of Appeals for the Second Circuit. 

Versatile, Nimble, Experienced

Our payments work extends well beyond the trial and appellate courts. Constantine Cannon regularly represents industry participants, including merchants, fintechs and networks, before federal and state antitrust enforcers and regulators. 

We served as lead counsel for the Merchant Payments Coalition, a coalition of the major merchant trade associations, before the Federal Reserve in connection with regulations adopted per the Dodd-Frank Wall Street Reform and Consumer Protection Act regarding debit card transactions and debit card interchange fees. And we have remained deeply involved in ongoing advocacy for enforcement of debit regulation before the Federal Reserve and the Federal Trade Commission.

Our firm also serves as outside general counsel for the Merchant Advisory Group (the MAG), a payments-focused trade association comprised of more than 150 U.S. merchants and which account for more than $4.8 trillion in annual sales at more than 580,000 locations across the United States and online.

A Leader in Antitrust Issues

Constantine Cannon’s lawyers are thought leaders on issues related to electronic payments. Because of our deep expertise and winning track record, we are routinely asked to speak and write on e-payments developments. Here is a sampling of our articles:

 

Contact us to learn more about our antitrust expertise in electronic payments matters and subscribe to our Payments Blog for news updates and insights.  

 

To keep up with our Antitrust Team, subscribe to our Antitrust Today blog, follow us on LinkedIn & Twitter and listen to our podcast, Antitrust Matters.

 

Payments News Update – November 22, 2024

Posted  11/22/24
Legal and Regulatory Developments SPOTLIGHT: A Senate Panel Sends a Signal: Time to Cut a Deal on Swipe Fees Digital Transactions News – November 20, 2024  Members of the Senate Judiciary Committee told representatives of Visa Inc., Mastercard Inc., and the merchant community on Tuesday it was time to “negotiate” an end to their decades-old dispute over credit card swipe fees. The comments came during...

Payments News Update – November 15, 2024

Posted  11/15/24
Legal and Regulatory Developments SPOTLIGHT: Swipe Fees Get Renewed Washington Focus in Aftermath of Election American Banker – November 12, 2024 (subscription required) Sens. Dick Durbin, D-Ill., and Roger Marshall, R-Kan., will hold a long-awaited hearing on pending swipe fee legislation. Executives from Visa and Mastercard, the two card networks most impacted by the bill, however, are not listed to...

Payments News Update – November 8, 2024

Posted  11/8/24
Legal and Regulatory Developments SPOTLIGHT: Is Visa a Debit Monopolist? Digital Transactions Magazine – November 1, 2024 Lawsuits alleging anti-competitive practices are nothing new to Visa Inc. After all, the network, as well as MasterCard Inc., have been sued by the Department of Justice, merchants, and state attorneys general for decades over their pricing and business practices. When the DoJ filed its...

Payments News Update – November 1, 2024

Posted  11/1/24
Legal and Regulatory Developments SPOTLIGHT: Chopra Defends CFPB Open Banking Rule in Face of Lawsuit Payments Dive – October 28, 2024 Consumer Financial Protection Bureau Director Rohit Chopra said on Sunday that a lawsuit filed over the agency’s open banking rule finalized earlier this month is an obstacle to increasing competition among financial institutions. Some banks are concerned about competing...

Payments News Update – October 25, 2024

Posted  10/25/24
Legal and Regulatory Developments SPOTLIGHT: Visa Wanted a Vast Empire. First, It Had to Beat Back Its Foes. The Wall Street Journal – October 19, 2024 (subscription may be required) Visa is winning the decadeslong battle for control over how U.S. consumers pay for everything. It got here in part by paying for competition to go away and by using fees as weapons to make partners bend to its wishes. One by...

Payments News Update – October 11, 2024

Posted  10/11/24
Legal and Regulatory Developments SPOTLIGHT: Visa Expected to Temper Competitive Moves After DOJ Action Payments Dive – October 3, 2024 Visa’s retail clients and fintech competitors may find their market positions strengthened in the wake of the federal government filing an antitrust lawsuit against the card network last week, industry players say. Federal prosecutors alleged that Visa, the largest U.S....

Payments News Update – September 27, 2024

Posted  09/27/24
Legal and Regulatory Developments SPOTLIGHT: U.S. Accuses Visa of Monopoly in Debit Cards The New York Times – September 24, 2024 (subscription may be required) The Justice Department filed an antitrust lawsuit against Visa on Tuesday, accusing the financial giant of unfairly stifling competition in debit cards, the latest in a string of cases aimed at deterring monopolistic behavior by big companies. For...

Payments News Update – September 13, 2024

Posted  09/13/24
Legal and Regulatory Developments SPOTLIGHT: Banks Push for Quick End to Illinois Law Reducing Credit-Card Processing Fees Crain's Chicago Business – September 3, 2024 (subscription may be required) Lawyers representing bank and credit union trade groups argued Tuesday for a quick ruling in a lawsuit seeking to strike down enforcement of a new Illinois law that reduces the fees retailers pay credit-card...
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