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DOJ files antitrust lawsuit against Visa for debit card business

Visa is in the antitrust stakes.

The US Department of Justice filed a lawsuit on Tuesday, arguing that the payment processing giant illegally maintained a monopoly with anti-competitive behavior and imposed unfair costs on customers and merchants.

“We allege that Visa unlawfully amassed the power to extract fees far in excess of what it could charge in a competitive market,” Attorney General Merrick Garland said in a statement. “Merchants and banks pass these costs on to consumers, either by raising prices or by reducing quality or service. As a result, Visa’s illegal behavior affects not just the price of one thing, but the price of almost everything.”

Visa did not immediately respond to Business Insider’s request for comment on the lawsuit.

In the complaint, filed in the Southern District of New York, prosecutors said Visa handles more than 60 percent of U.S. debit transactions, earning the company more than $7 billion in fees a year.

Visa’s use of “generous monetary incentives and threatening punitive surcharges” allow the company to maintain an illegal monopoly in the debit card processing market, prosecutors said.

The lawsuit follows a years-long investigation that followed Visa’s attempted acquisition of fintech company Plaid, which the Justice Department sued in 2020. The two companies abandoned the deal the following year.

Visa acknowledged that the Justice Department planned to investigate its US debit card business in a 2021 filing with the SEC.

A key issue under review is the use of security tokens, which can be used to block the routing of payments to other networks. Rival MasterCard settled a similar matter with the Federal Trade Commission in 2022.

While the Visa review predates the Biden administration, this latest action is one of a number of crackdowns on intermediary companies that the White House says are raising costs for American consumers.

“The anti-competitive behavior of corporations like Visa leaves the American people and our entire economy worse off,” Principal Deputy Attorney General Benjamin Mizer said in a statement. “Today’s action against Visa reminds those who would stifle competition instead of competing on price or investing in innovation that the Department of Justice will never hesitate to enforce the law on behalf of the American people.”

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