Interchange is under threat

Judiciary Committee Antitrust Task Force
Hearing on H.R. 5546, the “Credit Card Fair Fee Act of 2008”

Today I sat down and read through all of the testimony and must admit, understanding the concepts of interchange, I am troubled by the testimony provided by both Visa and MasterCard.  Neither provided sound arguments to justify interchange.  Whereas those opposed, clearly demonstrated that Interchange benefited the large issuing banks at the expense of the merchant and consumer.  The only testimony that offered any sound support for interchange was that offered by John Blum.  Yet his arguments simply argued that without a fixed interchange structure smaller players would not be able to play, which does suggest the interchange mechanism, as a competitive process, is flawed.

Regulation is not the answer.  Yet, something must be done to assure that there are sufficient free market forces surrounding the calculation of the default Interchange rates.  

 Chairman’s Opening Statement

Witness list and links to their statements

Thomas L. Robinson
Vice President of Reglations
National Association of Convenience Stores
Joshua R. Floum
General Counsel and Corporate Sec.
Visa Inc.
Steve Cannon
Chairman
Constantine Cannon, LLP
Joshua Peirez
Chief Payment System Integrity Officer
MasterCard Worldwide
John Blum
Vice President of Operations
Chartway FCU
Edward Mierzwinski
Consumer Program Director U.S. PIRG

Interchange under judicial and legislative review

Today on Payments News – from Glenbrook Partners” they posted an article referencing the hearing taking place

Thursday 05/15/2008 – 11:00 AM
2141 Rayburn House Office Building
Judiciary Committee Antitrust Task Force
Hearing on H.R. 5546, the “Credit Card Fair Fee Act of 2008”

House Judiciary Committee Holds Hearing on US Interchange Fees

As we mentioned here on Payments News on Monday, the House Judiciary Committee is holding a hearing on Thursday, May 15th beginning at 11 AM Eastern time on H.R. 5546, the “Credit Card Fair Fee Act of 2008”. As of tonight, the committee’s website doesn’t list the witnesses who will be testifying – but it promises that a live webcast of the hearing will be available.

As an editorial comment, many of us in the payments industry find the “solution” proposed in this legislation to be overly complex. Read the actual text of the draft legislation – and you may reach the same conclusion! We wonder whether the merchant community in fact would be well served by the remedies proposed. A very basic question comes to mind: “Is this the best you can do?”

The legislation that is under review can be found at http://judiciary.house.gov/hearings.aspx?ID=204

My sense is that like Australia, Europe and other countries the USA Congress is ready to challenge the nature of how interchange is calculated and define methods of assuring merchants much reduced rates.  How the financial lobby will engage and how the associations will defend there position, should make for an interesting debate.