Contact

Click here for a confidential contact or call:

1-212-350-2774

Electronic Payments Practice

The firm has achieved massive successes in the area of antitrust e-payments issues. We secured the largest antitrust settlement in U.S. history in In Re Visa Check/MasterMoney Antitrust Litigation, a case brought by clients Wal-Mart Stores, Inc., Sears Roebuck & Co., The Limited, Inc., Circuit City Stores, Inc. and Safeway, Inc. on behalf of a certified class of approximately four million retailers that were forced to accept Visa/MasterCard signature debit transactions at supra-competitive prices. The case resulted in a monetary settlement of $3.4 billion and injunctive relief of $25 billion (conservatively estimated) – after the plaintiffs class was awarded summary judgment on a number of issues and after a jury was selected.

The firm also secured the third largest antitrust settlement on behalf of its client, Discover Financial Services, Inc. Discover sued Visa and MasterCard under Sherman Act § 1 for issuing and enforcing rules that precluded their bank members from issuing Discover-branded cards. The case resulted in a monetary settlement of $2.75 billion on the eve of trial.

The firm continues to be at the forefront of payments antitrust litigation. We now represent a number of large merchants – including Wal-Mart, Costco, Best Buy, The Gap, IKEA, Starbucks and Lowe’s, among others – and several trade associations who object to the proposed class settlement in In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation – a settlement that violates absent class member due process rights.

The firm also represents payments players before governmental antitrust enforcers and regulators. We have represented a number of parties before the Department of Justice and state Attorneys General. We also represented the Retail Industries Leadership Association and the Merchant Payments Coalition before the Federal Reserve in connection with regulations adopted per the Dodd-Frank Wall Street Reform and Consumer Protection Act: these regulations concerned debit card transactions and debit card interchange fees.

The firm also counsels Electronic Fund Transfer Networks, Merchants, and Trade Associations on antitrust and regulatory issues raised by e-payments.

Finally, the firm often speaks and/or writes on these issues. Following are articles and presentations that the firm has authored relevant to E-Payments.

  • Visa, Returning to Old Ways, Squelches Competition in Debit
    American Banker (June 26, 2012)
    Click here to read the article.
  • Feedback: Interchange Amendments is Pro-, Not Anti-Consumer
    American Banker (May 24, 2010)
  • Hospitality Merchants at Legal Crossroads
    Lodging Hospitality (May 10, 2010)
  • Let’s End the Debit Card Fee-for-All – The Fed needs to start exercising oversight over debit card
    fees

    BusinessWeek (October 15, 2009)
    view the article
  • VIEWPOINT: Interchange Facing an Unsteady Future
    American Banker (April 2009)
  • Class Potential for Interchange Lawsuit
    American Banker (July 20, 2007)
    download PDF
  • The Visa Check/MasterMoney Antitrust Litigation: an Early Report on the Comparative Efficacy of Antitrust and Federal Reserve Intervention to Repair the Failed United States’ Debit Card Market
    N.Y.U.J.L. & BUS. (FALL 2005)
  • The Great Canadian Debit Debate
    Credit Card Management (May 2004)
    download PDF
  • Wal-Mart Decision Illustrates Merchants’ New Debit Power
    American Banker (February 6, 2004) pg 6.
    download PDF
  • E-Payment Network Directors Risk Antitrust Scrutiny
    American Banker, September 7, 2001, at 6.

Payments News Update – January 14, 2021

Posted  01/14/21
Legal and Regulatory Developments SPOTLIGHT: Visa Will Not Acquire Plaid After Running Into Regulatory Wall TechCrunch – January 12, 2021 Visa and Plaid called off their agreement this afternoon, ending the consumer credit giant’s takeover of the data-focused fintech API startup. The deal, valued at $5.3 billion at the time of its announcement, first broke cover on January 13, 2020, or nearly one year ago...

Payments News Update – December 17, 2020

Posted  12/17/20
Legal and Regulatory Developments SPOTLIGHT: Will a U.K. Class Action Case Influence Interchange Policy in the United States? Digital Transactions News – December 14, 2020 A class of 46 million consumers in the United Kingdom cleared a major hurdle last week when the country’s Supreme Court ruled that a class-action suit brought against Mastercard Inc. for excessive interchange fees can proceed. But they...

Payments News Update – December 10, 2020

Posted  12/10/20
Legal and Regulatory Developments SPOTLIGHT: Facebook’s Antitrust Problems Are Jeopardizing Its Plans for WhatsApp Quartz – December 9, 2020 Facebook doesn’t make much money from WhatsApp. But CEO Mark Zuckerberg has said that forcing the company to sell the messaging app—as US prosecutors have called for in a new antitrust suit filed on Dec. 9—represents an “existential” threat to the business....

Payments News Update – December 3, 2020

Posted  12/3/20
Legal and Regulatory Developments SPOTLIGHT: Visa Is Doing What Big American Companies Do to ‘Protect This Business’ The New York Times – December 2, 2020 (subscription required) Visa dominates the lucrative business of processing debit card transactions. Merchants must choose between paying the financial services company’s fees or forgoing sales to the millions of Americans who carry cards emblazoned...

Payments News Update – November 12, 2020

Posted  11/12/20
Legal and Regulatory Developments SPOTLIGHT: DOJ Suit Over Visa, Plaid Deal Sounds a Lot Like a Monopoly Case Bloomberg Law – November 10, 2020 The government’s lawsuit to block Visa Inc.'s $5.3 billion acquisition of Plaid Inc. contains language that could stir expectations of possibly stronger actions against the credit card giant. The case, filed Nov. 5 in the U.S. District Court for the Northern...

Payments News Update – October 29, 2020

Posted  10/29/20
Legal and Regulatory Developments SPOTLIGHT: The DOJ Is Investigating Visa’s $5.3 Billion Bid for Plaid on Antitrust Grounds Tech Crunch – October 28, 2020 It’s not just big tech that’s getting the antitrust treatment from the Department of Justice. Late Monday afternoon, the Department of Justice tipped its hand that it was investigating Visa’s proposed $5.3 billion acquisition of the venture-backed...

Payments News Update – October 22, 2020

Posted  10/22/20
Legal and Regulatory Developments SPOTLIGHT: UK Retailers Attack Visa and Mastercard Over Card Fees Finextra – October 20, 2020 The latest payments survey from the British Retail Consortium (BRC) shows card use continuing to rise steadily from 54% of transactions in 2016 to 61% in 2019. At the same time, the cost to retailers of accepting payments reached £1.1 billion in 2019, of which £950m was from card...

Payments News Update – October 16, 2020

Posted  10/16/20
Legal and Regulatory Developments SPOTLIGHT: 10 Ways Fintech, Payments Are on the Ballot in the 2020 House Election PaymentsSource – October 11, 2020 As the House of Representatives enters the 2020 election season, the outcome stands to encourage or rein in a group of technology companies that are encroaching deeper into financial services. The representatives voters send to Congress in 2021 will play a role...
1 2 3 4 7

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: