By Jessica Dye
NEW YORK, Sept 20 (Reuters) - Retail trade groups on
Thursday urged Congress to consider acting to address rising
credit card costs for merchants, saying that a record $7.2
billion settlement with Visa Inc and Mastercard Inc does not
provide sufficient relief.
"The proposed settlement does nothing to resolve the
failures in the electronic payment market and continued
congressional involvement in these issues is imperative," nine
retail trade associations said in a letter to congressional
leaders.
The trade groups, which include the National Association of
Convenience Stores, National Grocers Association and National
Retail Federation, said the settlement forces them to give up
too much, including their right to bring future lawsuits against
Visa and Mastercard over interchange fees, in exchange for no
meaningful reform.
Under the settlement, which is subject to approval by a
federal judge, the groups say Visa and Mastercard will be
allowed to continue raising rates indefinitely.
The settlement "is nowhere near a done deal, and we want to
make sure Congress doesn't misapprehend this," said Mallory
Duncan, general counsel of the National Retail Federation. "If
this settlement goes through, the spotlight will be squarely on
Congress to fix this broken market."
The settlement, announced in July, would resolve
seven-year-old litigation accusing Visa and Mastercard of
conspiring with banks to inflate the interchange fees paid by
merchants to process payments made by debit or credit cards,
known as swipe fees.
Under the deal, merchants would receive a $6 billion
payment, as well as a temporary reduction in swipe fees valued
at $1.2 billion. In addition, stores could charge customers
extra for using credit cards.
The settlement is subject to approval by U.S. District Court
Judge John Gleeson in Brooklyn, who will make his decision after
soliciting input from the nearly 8 million merchants estimated
to be affected by the suit.
Major U.S. retailers, including Wal-Mart Inc and Target
Corp, have also voiced opposition to the settlement.
Supporters of the deal, including Visa, Mastercard and
several major grocery and drug-store chains like Kroger Co, say
it is a reasonable compromise that will create transparency by
allowing stores to communicate directly about the costs of
processing certain payment cards.
In addition, three Republican members of the U.S House of
Representatives - Ed Royce of California, Mike Coffman of
Colorado and Jason Chaffetz of Utah - in a letter dated Sept. 14
that was obtained by Reuters, urged their colleagues to resist
attempts to use the settlement as leverage for new legislation
on credit card fees.
"Congress is not the appropriate venue to fix prices and
mediate a fight between two industries, so I encourage you to
join us in supporting this important settlement and rejecting
attempts to make Congress re-open this issue again," the
congressmen wrote.
Royce is a member of the House Financial Services Committee,
which oversees banks and consumer credit issues.
A spokesman for Mastercard, Jim Issokson, said it would be
up to the judge, not retail groups, to approve or reject the
deal. Both Visa and Mastercard say they remain confident the
deal is fair and reasonable.
The case is In re Payment Interchange Fee and Merchant
Discount Antitrust Litigation, in the U.S. District Court for
the Eastern District of New York, No. 05-1720.
For the plaintiffs (co-lead class counsel): Laddie Montague,
Merrill Davidoff, Bart Cohen and Michael Kane of Berger &
Montague; Craig Wildfang, Thomas Undlin and Ryan Marth of Robins
Kaplan Miller & Ciresi; Patrick Coughlin, Bonny Sweeney, David
Mitchell, Alexandra Bernay and Carmen Medici of Robbins Geller
Rudman & Dowd.
For Visa: Robert Vizas, Robert Mason and Mark Merley of
Arnold & Porter.
For Mastercard: Keila Ravelo, Wesley Powell and Matthew
Freimuth of Willkie Farr & Gallagher; Kenneth Gallo, Joseph
Simons, Andrew Finch and Gary Carney of Paul Weiss Rifkin
Wharton & Garrison.
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