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Writer's pictureWilliam Blanton

Antitrust Action: The DOJ Takes on Visa’s Payment Practices


The Justice Department recently filed a civil antitrust lawsuit against Visa, alleging the company has engaged in monopolistic and exclusionary practices within the U.S. debit network market. The lawsuit, filed in the Southern District of New York, accuses Visa of maintaining its dominant position by suppressing competition and stifling innovation, ultimately harming consumers, merchants, and the broader economy.


The Allegations

Visa commands a substantial share of the U.S. debit market, with over 60% of debit transactions processed through its network. This dominance enables Visa to charge merchants and banks more than $7 billion annually in fees for processing these transactions. The Justice Department alleges that Visa has used its power and scale to:

  1. Penalize Competitors: Visa imposes restrictive agreements on merchants and financial institutions that discourage them from routing debit transactions through competing networks. These agreements often include penalties for using alternative payment systems, making it economically unviable for businesses to switch.

  2. Suppress Emerging Technologies: When faced with potential competition from tech companies and fintech innovators, Visa allegedly adopts a strategy of turning potential rivals into collaborators. The Justice Department claims Visa uses financial incentives to partner with potential disruptors rather than allowing them to compete directly in the market.

  3. Reinforce Monopoly Power: The complaint describes how Visa’s conduct creates an “enormous moat” around its business, preventing smaller debit networks and innovative technology entrants from gaining the scale or customer access needed to compete effectively.


Economic and Consumer Impact

The lawsuit highlights the ripple effects of Visa’s dominance on the broader economy. By controlling such a significant share of the debit market, Visa’s practices allegedly increase costs for merchants and banks, which are often passed along to consumers through higher prices or reduced service quality.

  • Increased Consumer Costs: The fees Visa charges merchants are indirectly borne by consumers, raising the cost of goods and services across the board. The Justice Department argues that in a competitive market, these fees would likely be lower.

  • Stifled Innovation: Visa’s approach of buying off potential competitors or discouraging alternative payment systems limits technological advancements that could improve efficiency and reduce costs for consumers.

Attorney General Merrick Garland emphasized the broader implications, stating, “Visa’s unlawful conduct affects not just the price of one thing but the price of nearly everything.”


A History of Anti-Competitive Behavior

This is not the first time Visa has faced scrutiny for its practices. In 2020, the Justice Department intervened to block Visa’s $5.3 billion acquisition of Plaid, a fintech company developing innovative online debit payment systems. The merger was abandoned, signaling the government’s commitment to maintaining competition in payment markets.



Visa’s Role in the Global Market

Visa’s dominance extends beyond the U.S., with the company processing over $12 trillion in payment volume globally. With a 2022 operating margin of 64% and North America as its most profitable region (83% operating margin), Visa’s business model heavily relies on the fees it charges for processing transactions. However, the Justice Department argues that these profits come at the expense of fair competition and consumer choice.


The Case for Restoring Competition

The Justice Department aims to break Visa’s grip on the debit market and foster a competitive environment where alternative payment systems and smaller networks can thrive. By challenging Visa’s practices, the lawsuit seeks to promote innovation and reduce costs for consumers and businesses alike.


Benjamin C. Mizer, Principal Deputy Associate Attorney General, stated, “Today’s action against Visa reminds those who would stifle competition rather than invest in innovation that the Justice Department will enforce the law on behalf of the American people.”


Implications for the Future of Payments

This lawsuit could mark a turning point in the payments industry, particularly for debit networks. A favorable ruling for the Justice Department could pave the way for increased competition, fostering innovation and potentially lowering costs for consumers. Conversely, if Visa prevails, it may solidify its dominance, leaving merchants and consumers to bear the brunt of its pricing strategies.


The stakes are high for consumers, merchants, and the future of financial technology. Whether the courts decide to rein in Visa’s power could have far-reaching implications for how payments are processed and priced in the U.S. and beyond.

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