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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 3, 2023

Posted  11/3/23
Legal and Regulatory Developments SPOTLIGHT: BNPL, EWA Bills Surface at House Hearing Payments Dive – October 26, 2023 A House Financial Services subcommittee has drafted legislative proposals related to earned wage access and the buy now, pay later market. The legislative proposals emerged at a Wednesday hearing of the Subcommittee on Digital Assets, Financial Technology and Inclusion, titled “Modernizing...

Payments News Update – October 27, 2023

Posted  10/27/23
Legal and Regulatory Developments SPOTLIGHT: Fed Proposes Reduction in Debit Fee Cap Payments Dive – October 25, 2023 The Federal Reserve Board voted Wednesday in favor of a proposal that would cut a cap on the interchange fee that debit card issuers can charge merchants to process a transaction. The proposal would lower the base debit fee rate by about 30% to 14.4 cents from 21 cents, according to a proposal...

Payments News Update – October 20, 2023

Posted  10/20/23
Legal and Regulatory Developments SPOTLIGHT: Fed to Propose Lowering Debit-Card Swipe Fees The Wall Street Journal – October 17, 2023 (subscription required) The Federal Reserve is preparing a proposal that would lower the fees merchants pay to many banks when consumers shop with debit cards. Today, merchants pay large card issuers 21 cents plus 0.05% of the transaction amount, the level set by the Fed in...

Payments News Update – October 13, 2023

Posted  10/13/23
Legal and Regulatory Developments SPOTLIGHT: Australia Unveils Draft Law to Regulate Digital Payment Providers Reuters – October 10, 2023 The Australian government said on Wednesday it planned to introduce laws that would empower the central bank to regulate digital wallet providers including Apple Pay (AAPL.O) and Alphabet's (GOOGL.O) Google Pay. Apple Pay, Google Pay and China's WeChat Pay, which have...

Payments News Update – October 6, 2023

Posted  10/6/23
Legal and Regulatory Developments SPOTLIGHT: Supreme Court to Consider Debit Fee Case Payments Dive – September 29, 2023 The Supreme Court on Friday granted a petition from a group of North Dakota merchants who brought a case against the Federal Reserve Board in 2021 over the central bank’s setting of a debit card fee cap. The merchants’ petition for review isn’t with respect to the merits of the...

Payments News Update – September 22, 2023

Posted  09/22/23
Legal and Regulatory Developments SPOTLIGHT: California Legislature Passes Plastic Gift Card Ban Payments Dive – September 21, 2023 California’s legislature has passed a bill that would outlaw plastic gift cards, with legislators in the Senate and Assembly overcoming some opposition this month in votes approving the legislation, according to the state’s legislative website. About 70% of retail gift...

Payments News Update – September 15, 2023

Posted  09/15/23
Legal and Regulatory Developments SPOTLIGHT: The CFPB Eyes Tech Firms’ Role in Governing Tap-To-Pay Digital Transactions News – September 8, 2023 The Consumer Financial Protection Bureau late Thursday released a report raising questions about the part restrictions imposed by big technology firms like Apple Inc. and Alphabet Inc’s Google subsidiary may play in hampering innovation, consumer choice, and the...

Payments News Update – September 1, 2023

Posted  09/1/23
Legal and Regulatory Developments SPOTLIGHT: US Debit Has Become More Competitive for CNP Merchants The Paypers – August 31, 2023 Since 2011, most card-not-present (CNP) merchants have had limited access to alternative debit networks due to issuers not enabling transaction routing. Now, nearly two months since the Federal Reserve codified that issuers must enable two networks for ‘all types of...

Payments News Update - August 25, 2023

Posted  08/25/23
Legal and Regulatory Developments SPOTLIGHT: New Jersey Limits Card Surcharging to Merchants’ Processing Fees Digital Transactions News – August 22, 2023 New Jersey has implemented a law that prohibits merchants in the state from profiting from credit card surcharging and requires merchants to clearly disclose any surcharges to consumers. The law, which was passed by the New Jersey legislature in June...

Payments News Update - July 28, 2023

Posted  07/28/23
Legal and Regulatory Developments SPOTLIGHT: DOJ Continues to Probe Visa Over Debit Cards, Other Payment Methods PYMNTS – July 26, 2023 Visa is reportedly under continued scrutiny by the U.S. Department of Justice. A new civil investigative demand, similar to a subpoena, was filed May 2, bringing to light a deepening inquiry into the payment processor’s practices, Bloomberg reported Wednesday (July...
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