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US Department of Justice is Suing Visa over Debit Card Monopoly

Categories : Cash ensures competition among payment instruments
September 25, 2024
Tags : Digital payments, Payments competition, US, Visa
The U.S. Department of Justice is accusing Visa of stifling competition and inflating merchant fees. The lawsuit emphasizes the importance of cash as a mainstream payment method to ensure competition, affordability, privacy, and resilience in the payments landscape.
Guillaume Lepecq

Chair, CashEssentials

The U.S. Department of Justice (DOJ) filed a significant antitrust lawsuit against Visa, accusing the payments giant of monopolizing the debit card market. The DOJ claims that Visa’s dominant position allows it to suppress competition and impose inflated fees, which ripple across the economy, increasing costs for both merchants and consumers. The case also raises important questions about the role of cash in maintaining a diverse, competitive, and efficient payments landscape, something that the increasing dominance of digital payments giants like Visa’s threatens to erode.

The Case Against Visa: Monopolisation and Exclusionary Practices

The lawsuit centers on two primary accusations: Visa’s monopolization of the debit card market and its exclusionary practices, both of which violate the Sherman Act, a key piece of U.S. antitrust legislation. Visa processes over 60% of all debit transactions in the U.S., which equates to billions of dollars in fees each year. The DOJ alleges that Visa has used its market dominance to create a “web of exclusionary deals” with banks and merchants that effectively shut out competing networks and newer fintech companies like PayPal and Square.

For example, Visa’s contracts with banks and merchants often include volume discounts and other incentives that make it financially difficult for businesses to use alternative payment networks. This means that even though regulations, like the Durbin Amendment, were designed to increase competition by allowing merchants to route transactions through different networks, Visa’s practices still force most transactions onto its own system. Attorney General Merrick Garland has stated that Visa’s actions raise prices across the economy, as merchants pass on the elevated fees to consumers in the form of higher prices for goods and services.

In response, Visa has denied the allegations, arguing that the payments industry remains highly competitive, and its market share is a reflection of its superior services, including security, fraud protection, and network reliability. However, the DOJ’s lawsuit represents a significant challenge to Visa’s business model, particularly its stranglehold on debit transactions.

Why Cash is Essential for a Competitive Payment Landscape

As digital payments have become increasingly ubiquitous, particularly during the COVID-19 pandemic, the DOJ’s lawsuit underscores the importance of ensuring cash remains a critical element of the payment system. While digital payments may offer convenience and speed, the continued availability and use of cash serve as a check against the growing power of companies like Visa and Mastercard and is essential for ensuring a fair and competitive marketplace.

Cash as a Safeguard against Digital Payment Fees

One argument in favour of cash is its ability to keep transaction costs low. Unlike card-based payments, which involve fees—sometimes as high as 3% per transaction—cash allows merchants to avoid these costs altogether. When companies like Visa dominate the digital payments space, they can set high transaction fees because merchants have limited alternatives. This, in turn, inflates costs for consumers as merchants raise prices to cover their expenses.

Cash transactions, on the other hand, provide an immediate, fee-free alternative. When merchants have the option of accepting cash, they are better positioned to push back against high fees from card networks. This competitive pressure helps drive down the costs of payments, benefiting both businesses and consumers.

Access and Inclusion

Another critical aspect of cash is its accessibility. Not everyone has access to or prefers to use digital payments. According to the Federal Deposit Insurance Corporation, in 202I, 5.9 million households were unbanked and18.7 million underbanked, meaning they either do not have a bank account or rely on alternative financial services like payday lenders. For these individuals, cash remains an essential means of participating in the economy.

Debit cards and other digital payment systems present barriers to low-income individuals who may not qualify for traditional banking services or who want to avoid fees associated with maintaining bank accounts or using prepaid cards. Ensuring that cash remains widely accepted is essential for an inclusive, allowing everyone to participate, regardless of their financial circumstances.

Privacy and Security

Digital payments come with ever increasing privacy concerns. Every digital payment leaves a trail that can be tracked, analyzed, and potentially exploited by both companies and hackers. Cash transactions, on the other hand, offer a level of anonymity that digital payments cannot replicate.

This privacy is particularly important in an age where personal data is increasingly valuable, and concerns about data breaches and corporate surveillance are on the rise.

Resilience in Times of Crises

Cash also serves as an important backup during times of crisis when digital payment systems become unavailable. Natural disasters, cyberattacks, and power outages can disrupt the infrastructure that supports digital transactions. In such situations, cash can continue to function as a reliable means of exchange, ensuring that people can still purchase essential goods and services.

The DOJ’s lawsuit underscores how critical it is to maintain alternatives to card-based payments, especially in a world where Visa and its competitors wield enormous power over the payment landscape. By keeping cash in circulation, both consumers and merchants retain an important tool for protecting themselves from the high costs and risks associated with digital payment systems.

The Future of Payments: Finding Balance

The antitrust case against Visa is not just about the fees merchants pay or the contracts Visa has with banks. It represents a broader reckoning over the future of payments. As the share of digital payments increases, the question of how to ensure a competitive, inclusive, and fair marketplace becomes more pressing.

Visa’s dominance in the debit card market illustrates the risks of relying too heavily on a small number of companies to handle transactions. When a single company or group of companies gains too much power, it can stifle innovation, raise prices, and limit consumer choice. Cash is a crucial safeguard against these dangers. It operates outside the control of major corporations and offers consumers a way to bypass fees, maintain their privacy, and continue participating in the economy regardless of their financial status.

The lawsuit highlights the need for continued regulatory oversight of the digital payments space. Ensuring that companies like Visa face competition is essential for keeping fees low, fostering innovation, and protecting consumers from monopolistic practices. Whether through encouraging the use of cash or promoting competition among digital payment providers, the DOJ’s actions serve as a reminder that a healthy payments ecosystem requires diversity, competition, and strong consumer protections.

Conclusion

As the DOJ pursues its antitrust case against Visa, the debate over the future of payments in the U.S. is likely to intensify. Cash plays a vital role in maintaining a fair and efficient marketplace. By keeping cash as a viable payment option and ensuring robust competition in the digital payments sector, the U.S. can strike a balance that benefits both businesses and consumers, ensuring that the payments landscape remains diverse, competitive, and accessible to all.

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