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GLG News by Credit Card Experts

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December 2, 2008
Canadian regulatory decision weakens merchant interchange claims in New York lawsuit
Analysis of: The Competition Bureau's Letter to Financial Institutions — Duality and Dual Governance of Credit Card Networks in Canada | www.competitionbureau.gc.ca
Author: Duncan MacDonald, Consultant, Duncan McDonald
A recent decision by Canada's Competition Bureau strengthens the defense of the bankcard industry in the interchange lawsuit in New York.  In reversing a long standing rule that prevented banks in Canada from issuing Visa and MasterCards. the decision concluded that the restructuring...
November 10, 2008
Interchange Rate Intervention by Obama Administration
Analysis of: Small-Business Owners Lobby to Cut Credit Card Fees | www.nytimes.com
Author: GLG Expert Contributor
Retailers are pursuing multiple avenues to try to pressure the card associations into reducing interchange.  Interchange remains the paradigm of revenue for card issuers, the basis for card associations to assess fees, and the funding driver for new payment products and rewards programs. ...
November 7, 2008
Is unionization banking's biggest risk in '09?
Analysis of: Labor Wants Obama to Take on Big Fight | online.wsj.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
President-elect owes Big Labor a bone for its enormous support in getting him elected and Labor wants enactment of the Employee Free Choice Act more than any other political favor.  The odds would seem to favor Labor, but in turn would spell disaster for the business community.  For the first...
November 6, 2008
New Administration's Hobson's choice on bank-merchant dispute over card interchange fees.
Analysis of: Small-Business Owners Lobby to Cut Credit Card Fees | www.nytimes.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
Public anger against banks, coupled with merchant anger against bankcard issuers, will force the Obama Administration and Congress to consider legislation to resolve the merchand-card industry impasse on how, if at all, interchange fees should be calculated.  While policy makers on the one...
October 29, 2008
What the bankcard Discover settlement means to merchant interchange lawsuit
Analysis of: Morgan Stanley, Discover Fight Over Visa, MasterCard Proceeds | online.wsj.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
Visa & MasterCard's $2.75B settlement of the antitrust suit against them by Discover should have relevance to the interchange lawsuit against them by their merchants.  It suggests either great vulnerability to the merchants or a strategic act by the networks to remove Discover as a distraction. ...
October 16, 2008
Nationalization of banking might save bankcard interchange pricing
Analysis of: Bail-outs test EU rules on state aid | www.ft.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
The article underlines the extent to which governments will go to retrun banks to profitability.  Accordingly, EU policy makers will not enforce  state aid laws that would otherwise prohibit capital infusions into local banks by state regulators and will favorably consider less aggressive...
October 3, 2008
$700 Billion Bailout Attacks The Symptoms Not The Cause
Analysis of: The Trickle-Up Bailout | www.washingtonpost.com
Author: GLG Expert Contributor
$700 Billion spent buying worthless derivative securities is far more costly and less sure of success than simply fixing the mass of defaulted mortgages. The Elected representatives of The People of the US should manage the economy to achieve the greatest good for the greatest number. So far the proposals...
September 12, 2008
ARS class actions have no class
Analysis of: ARS collapse giving rise to class-action lawsuits | www.financialweek.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
It should be no surprise that the subprime/ARS collapse has generated waves of class action lawsuits by shareholders.  And that they appear to have merit.  But that doesn't mean courts will give the plaintiffs the WMD of a class action status.  Ten years ago that would have been...
September 10, 2008
DoJ brief in telecommunications case might help bankcard interchange defense
Analysis of: DoJ brief in telecommunications case might undermine merchant claims against bankcard industry | www.usdoj.gov
Author: Duncan MacDonald, Consultant, Duncan McDonald
The DoJ amicus brief to the Supreme Court in a telecommunications case hints at a more relaxed view about the applicability of antitrust law to pricing decisions by regulated companies.  A key accusation in the bankcard interchange cases is that competing regulated banks on Visa...
September 10, 2008
Will the new DoJ antitrust guidelines tip the scales to favor Visa & MasterCard?
Analysis of: DoJ's new antitrust guidelines meaning for bankcard industry | www.usdoj.gov
Author: Duncan MacDonald, Consultant, Duncan McDonald
The new DoJ antitrust guidelines significantly water down monopoly, per se liability, competition and tie-in standards that have propelled government enforcement and private lawsuits by retailers in recent years against Visa, MasterCard and their issuers.  Undoubtedly, the defendants will point...

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