Jack Solowey
Jack Solowey
When thinking of tech antitrust, the Biden administration’s quixotic campaign against the likes of Meta, Google, and Amazon probably comes to mind. But in addition to suits against big-name Internet platforms, the Justice Department filed an antitrust case this fall against a decidedly more retro network: Visa.
According to the September 24, 2024 complaint, Visa’s debit card network being “everywhere you want to be” is cause for concern because, the DOJ alleges, the company maintains its US market leadership (over 60 percent of debit payments) through anti-competitive contracts with banks, merchants, and fintech companies. In the words of the DOJ, Visa “uses its dominance to limit the growth of existing competitors and to deter others from developing new and innovative alternatives.”
Sorry, but paeans to the virtues of competition and innovation in payment technology are rich coming from the federal government. This same government has all-too-merrily erected and aggressively enforced its own barriers to payment alternatives. What’s more, the government’s own misguided interventions in the debit card market are arguably at the root of the alleged activity it now complains about.
The course of the DOJ’s case remains to be seen. But regardless of its outcome, the federal government’s approach to competition in payments requires significant course correction. If the government truly wants to unleash payment competition and fintech innovation in the United States, it should start by rolling back its campaign against both.
The Debit Card Market
The DOJ’s first broad claim is that Visa hampers competition from other debit card providers through exclusionary contracts with issuing banks (who issue debit cards on Visa’s network) and acquirers (who accept payments for merchants). Yet even if one took the DOJ’s allegations at face value, the federal government’s distortionary policy interventions likely would be an underlying cause.
Indeed, the DOJ argues that Visa’s alleged contracting practices are a response to a portion of Dodd-Frank known as the Durbin Amendment. » Read More
https://www.cato.org/blog/you-say-you-want-fintech-competition-you-better-free-market