A Clash Over Market Share and Competition:
The DOJ strikes Visa with Antitrust Claim:
By: Sabib Hossain
On September 24th, 2024, the United States Department of Justice sued Visa on accounts of illegally monopolizing the market for consumers’ payments amounting to trillions of dollars annually in an attempt to open the debit card market for competition. On this news, the stock price fell 5% on Tuesday.
To address these claims, Visa General Counsel Julie Rottenberg stated that the lawsuit, “ignores the reality that Visa is just one of many competitors in a debit space that is growing, with entrants who are thriving.”
According to the DOJ, Visa controls 60% market share in debit payment, generating $7 billion annually in debit swipe fees. This underscores the other notable players in the market, such as American Express, Discovery, and Mastercard. Visa has been at the center of criticism from lawmakers and regulators for their overwhelming control of the payments industry. Visa has taken several measures to ensure competitors would not dilute their market share. The company has signed a number of contracts with large merchants and acquirers, controlling the merchant routing decisions. These contracts entail Visa paying for the merchant’s loyalty; if this is not followed, severe consequences follow. When a company routes away from Visa, they are met with high rack rates. According to the Department of Justice, dozens of merchants represent “hundreds of billions of dollars of 2023 debit payment volume have signed contracts to route 100% of their eligible debit volume to Visa.” These agreements are structured as cliff pricing, which grants the merchant or acquirer a lower price for every transaction routed of Visa as long as its volume of transactions meets the agreed threshold.
Additionally, Visa uses its leverage over its potential debit customers, such as Apple. Viewing Apple Pay as a threat, Visa paid Apple to limit innovation: this is applicable for other potential competitors. To dissuade competitors, Visa provides them monetary incentives to promote their products, in some cases worth hundreds of millions of dollars annually.
Suing companies for benefiting from a lack of competition and profitable contract clauses is not an anomaly. The DOJ sued Live Nation Entertainment in an antitrust lawsuit in May. They claimed that the Ticketmaster owner decreased the number of competitors, who could have reduced ticket price fees.
The debit card market is lucrative. On average, Americans use a debit card twice as much as a credit card. To conceptualize this dominance, Visa has a market capitalization of $530 billion, just under Walmart and JPMorgan Chase. There are legitimate claims against Visa, but as for any antitrust lawsuit, it will take years to fully develop. The lawsuit will likely be inherited by a new administration next year.
For now, it is the consumer who pays the price. As fees increase, merchants compensate by raising prices for goods and services.
References:
● Case 1:24-cv-07214 document 1 filed 09/24/24, September 24, 2024.
https://www.justice.gov/opa/media/1370421/dl.
● “Largest American Companies by Market Capitalization.” CompaniesMarketCap.com - companies ranked by market capitalization. Accessed September 26, 2024. https://companiesmarketcap.com/usa/largest-companies-in-the-usa-by-market-cap/.
● Michael, Dave, and Angel Au-Yeung. Justice Department sues Visa, Alleges Illegal Monopoly in Debit-Card Payment, September 24, 2024.
https://www.wsj.com/finance/regulation/justice-department-sues-visa-alleges-illegal-mon opoly-in-debit-card-payments-a9ecd39c.
● Scarcella, Mike. Visa taps hardened D.C. duo to battle US Monopoly Lawsuit, September 25, 2024.
https://www.reuters.com/legal/government/visa-taps-hardened-dc-duo-battle-us-monopol y-lawsuit-2024-09-25/.
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