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 – June 18, 2021

Posted  06/18/21
Legal and Regulatory Developments SPOTLIGHT: Lina Khan, Prominent Big Tech Critic, Will Lead the FTC NPR – June 15, 2021 President Joe Biden has named Lina Khan as the chairwoman of the Federal Trade Commission, giving the regulatory authority's top spot to one of Silicon Valley's most prominent critics. The surprise move elevating Khan to one of the most powerful regulatory positions in Washington was...

Payments News Update – June 11, 2021

Posted  06/11/21
Legal and Regulatory Developments SPOTLIGHT: A Surcharging Bill Advances to the Colorado Governor’s Desk Digital Transactions News – June 9, 2021 Soon, there might be just two states that prohibit credit card surcharging with the passage Tuesday of a bill in Colorado that would permit the pricing strategy. The bill, SB21-091, passed both the Colorado House and Senate and now moves to Governor Jared...

Payments News Update – May 27, 2021

Posted  05/27/21
Legal and Regulatory Developments SPOTLIGHT: European Commission Plans to Hit Facebook With Official Antitrust Probe PYMNTS – May 26, 2021 The European Commission (EC) is launching an official investigation into allegations that Facebook engaged in anti-competitive behaviors, the Financial Times reported on Wednesday (May 26). The EC is also doing a deep dive to get a sense of Facebook’s classified...

Payments News Update – May 14, 2021

Posted  05/14/21
Legal and Regulatory Developments SPOTLIGHT: A Fed Report on Debit Costs Could Fuel a Movement to Reduce a Decade-Old Fee Cap Digital Transactions News – May 10, 2021 Pressure may be building on the Federal Reserve to take action on a debit card interchange-fee regulation that it has left intact for 10 years despite sweeping changes in the payments business, including an onrush of e-commerce transactions over...

Payments News Update – May 6, 2021

Posted  05/6/21
Legal and Regulatory Developments SPOTLIGHT: Retail Organizations Sue Fed Over Debit Law Enforcement Retail Dive – April 30, 2021 Two retail associations sued the Federal Reserve Board of Governors April 29 over what they claim is a failure by the federal agency to properly enforce a federal law that caps the fees that can be charged on debit transactions. The North Dakota Retail Association and the North...

Payments News Update – April 29, 2021

Posted  04/29/21
Legal and Regulatory Developments SPOTLIGHT: Visa, Mastercard Face Biggest Challenges in a Decade Banking Dive – April 22, 2021 Regulatory, legislative and court confrontations over the card networks' fees are ratcheting up pressure again for reform of the behemoths' practices. Senate Majority Whip Dick Durbin was riled up when he leaned into his microphone to speak last month at an antitrust subcommittee...

Payments News Update – April 16, 2021

Posted  04/16/21
Legal and Regulatory Developments SPOTLIGHT: Insider's Report On Payments: Interchange in the Crosshairs The Green Sheet – April 12, 2021 The major card brands are on the hot seat. Under pressure from Sen. Dick Durbin, D-Ill.,Visa and Mastercard postponed for a year interchange rate changes that were slated for April 2021. This followed news that the financial software giant Intuit is suing the two brands in...

Payments News Update – April 1, 2021

Posted  04/1/21
Legal and Regulatory Developments SPOTLIGHT: Retail Groups Seek to Protect Merchants in Ongoing Swipe Fee Litigation Chain Store Age – March 31, 2021 The nation’s two largest retail trade are objecting to the scope of proposed class-action swipe fee litigation. The Retail Industry Leaders Association and the National Retail Federation are asking to intervene in longstanding multidistrict class action...
1 2 3 4 9

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: