Ronald Mann, Dec 22, 2011
The payment card industry in the United States has come under increasing scrutiny in recent years. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 reflects a high-water mark of congressional influence for the industry, altering bankruptcy procedures largely for the benefit of card issuers. Since that point, Congress has turned repeatedly to rein in perceived abuses in the industry. The most substantial and direct response to the perception of abuse is the Credit Card Accountability Responsibility and Disclosure Act of 2009. That statute was focused directly on the card industry and outlawed a wide variety of industry practices. More recently, in 1075 (the “Durbin Amendment”) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress cut permissible interchange fees for debit card transactions to amounts that approximate the costs of processing those transactions; the Federal Reserve’s implementing regulation apparently will lead to a more than 50 percent decline in those fees.
So why is it at all noteworthy that Congress, in the course of reining in an industry targeted for excessive behavior, should require substantial changes in the industry’s operations? My hypothesis is a simple one. Both provisions make it more challenging to operate profitably in the payment card market. Because both provisions will pose greater challenges for smaller firms than they do for larger firms, both statutes will make it harder for smaller banks to compete in the payment card market. It may not be easy to evaluate the consequences of greater concentration in the industry. But it is clear that industry concentration is not what drove Congress to action: whatever else Congress was trying to do, it certainly was not trying to drive small banks from the payment card market.
Featured News
EU Moves to Give Dominant Companies More Flexibility Under Antitrust Rules
Sep 3, 2026 by
CPI
US Shale Producers Must Face Oil Price-Fixing Claims, Judge Rules
Sep 3, 2026 by
CPI
Nvidia to Buy Hugging Face for $12.9 Billion in Open-AI Push
Sep 3, 2026 by
CPI
Apple Tracking Curbs Come Under Fire in $2.7 Billion UK Case
Sep 3, 2026 by
CPI
Veterinary Accreditor Defeats Antitrust Challenge From Tennessee University
Sep 3, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – State Attorneys General
Aug 27, 2026 by
CPI
CPI Talks… with Jonathan Skrmetti, Attorney General of Tennessee
Aug 27, 2026 by
Jonathan Skrmetti
What the Live Nation Jury Instructions Tell Us About California’s Unfair Competition Law
Aug 27, 2026 by
Henry Hauser, Brent Nakamura, Ashley Kaplan, Brian Wang & Cari Jeffries
From Backroom Deals to Public Scrutiny: The Tunney Act’s Past, Present, and Future
Aug 27, 2026 by
Christina M. Black & Ashley A. Locke
Understanding the Fragility of Economic Concentration Through the Principles of Ecology
Aug 27, 2026 by
Alexandra Spring