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Electronic Payments Practice

91pornhas unparalleled expertise and worldwide recognition in cases involving the payments industry.Ěý Since the firm’s formation in 1994, we have represented clients concerning virtually every major antitrust development in the payments space.ĚýĚý

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.ĚýĚý

Our payments industry expertise spans the convergence of fintech and digital commerce and payments.Ěý 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.Ěý

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.Ěý 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.Ěý

91pornalso 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.Ěý That settlement was vacated by the Court of Appeals for the Second Circuit.Ěý

Versatile, Nimble, Experienced

Our payments work extends well beyond the trial and appellate courts. 91pornregularly represents industry participants, including merchants, fintechs and networks, before federal and state antitrust enforcers and regulators.Ěý

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.ĚýĚý

 

To keep up with our Antitrust Team, subscribe to our Antitrust Today blog, follow us on & and listen to our podcast, Antitrust Matters.

 

Payments News Update – February 21, 2025

Posted  02/21/25
Legal and Regulatory Developments SPOTLIGHT: Bloomberg Law – February 14, 2025 Consumer Financial Protection Bureau employees got at least a two-week reprieve from an expected culling of the workforce after their union and the agency agreed to let a federal judge rule on the merits of the planned staff cuts and other efforts to shutter the...

Payments News Update – February 14, 2025

Posted  02/14/25
Legal and Regulatory Developments SPOTLIGHT: Banking Dive – February 10, 2025 A tombstone emoji was only the beginning. When Tesla CEO and Trump adviser Elon Musk on Friday posted “CFPB RIP” on X, the social media platform he owns, it was, to many, the first clue that the Department of Government Efficiency had infiltrated the agency. By the end...

Payments News Update – February 7, 2025

Posted  02/7/25
Legal and Regulatory Developments SPOTLIGHT: GV Wire – February 4, 2025 Few Americans know that they spend on average $1,100 a year to pay for credit card transaction fees.ĚýIn addition, U.S. retailers pay $170 billion annually to process credit card transactions, according to testimony from the Senate Judiciary Committee in November 2024. More...

Payments News Update – January 31, 2025

Posted  01/31/25
Legal and Regulatory Developments SPOTLIGHT: KUOW – January 21, 2025 Paying by credit card is more common these days. But for each swipe, or tap, the credit card company charges businesses what’s called an interchange fee. And those fees add up. Washington state Senate Bill 5070, sponsored by Sen. Rebecca Saldana (D-Seattle),...

Payments News Update – January 24, 2025

Posted  01/24/25
Legal and Regulatory Developments SPOTLIGHT: Bloomberg Law – January 16, 2025 A pair of trade groups representing Facebook parent Meta Platforms Inc., Apple Inc., and Google parent Alphabet Inc. sued to block a Consumer Financial Protection Bureau rule that’s set to bring those companies’ payment operations under the agency’s supervision. The...

Payments News Update – January 17, 2025

Posted  01/17/25
Legal and Regulatory Developments SPOTLIGHT: Payments Dive – January 14, 2025 Nearly two-thirds of consumers in the U.S. who lean on buy now, pay later transactions to pay for goods and services take out multiple BNPL loans at once, the Consumer Financial Protection Bureau concluded in a study released Monday. Most people who use BNPL as a payment method...

Payments News Update – January 10, 2025

Posted  01/10/25
Legal and Regulatory Developments SPOTLIGHT: NBC News – January 4, 2025 Many small businesses are breathing a bit easier as inflation has cooled and the race for workers slows. But consumers’ steady embrace of credit cards is taking a growing bite out of their margins. Gene-Christian Baca, the owner of Walter’s Hot Dogs in...

Payments News Update – January 3, 2025

Posted  01/3/25
Legal and Regulatory Developments SPOTLIGHT: Digital Transactions News – December 24, 2024 The Merchants Payments Coalition fired back late Monday at a request last week from the American Bankers Association that the Federal Reserve not act on a proposal to lower a longstanding limit on the interchange...

Payments News Update – December 20, 2024

Posted  12/20/24
Legal and Regulatory Developments SPOTLIGHT: Hotel Dive – December 17, 2024 The Federal Trade Commission on Tuesday announced a final Rule on Unfair or Deceptive Fees, or “Junk Fees Rule,” that targets “bait-and-switch pricing” for short-term lodging and live-ticket events. The rule requires up-front disclosure of total prices including fees, so that consumers...

Payments News Update – December 13, 2024

Posted  12/13/24
Legal and Regulatory Developments SPOTLIGHT: Bloomberg – December 12, 2024 (subscription may be required) A top UK regulator is facing pushback from European lawmakers as it continues to weigh new rules to restrict how much British merchants must pay in credit-card fees on online purchases by consumers from the continent. Members of the...
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