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Card Case (10/11/01)
FULL STORY:
Banks that issue VISA and MasterCards may soon be able to issue American
Express and Discover cards too, if they so choose. Currently, banks that are
members of VISA or MasterCard are prohibited from issuing other cards. The U.S.
District Court for the Southern District of New York this week ruled against
VISA and MasterCard in the Government's antitrust lawsuit regarding the card
associations' exclusionary rules which prohibit members from issuing American
Express or Discover cards. In a 157-page ruling, the judge said VISA’s bylaw
210(e) and MasterCard’s Competitive Programs Policy weaken competition and harm
consumers in a number of ways. The court ruled that debit cards were included
in the prohibition of VISA and MasterCard's exclusionary rules. (However the
ruling stated that including debit cards, as a necessary part of the remedy,
does not put it in the same product market with general purpose payment cards.)
VISA and MasterCard may appeal the ruling. The Court also ruled that the
governing structure of VISA and MasterCard is not anti-competitive and does not
need to be dismantled.
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