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ARTICLE · 02 OCTOBER 2024

Two Sides To Every Monopolization Suit: DOJ Sues Visa For Debit Monopolization

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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On September 24, 2024, the U.S. Department of Justice Antitrust Division ("DOJ") filed a monopolization suit against Visa, Inc. ("Visa"), alleging that Visa has a monopoly in general purpose debit network services and general purpose card-not-present debit network services that violates Section 2 of the Sherman Act.

United StatesAntitrust/Competition Law
Bruce Sokler
Bruce Sokler
Payton Thornton
Payton Thornton
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Overview

On September 24, 2024, the U.S. Department of Justice Antitrust Division ("DOJ") filed a monopolization suit against Visa, Inc. ("Visa"), alleging that Visa has a monopoly in general purpose debit network services and general purpose card-not-present debit network services that violates Section 2 of the Sherman Act.1 The DOJ also alleges that Visa has entered into illegal agreements not to compete with competitors and potential competitors, as well as unlawful agreements with merchants, issuers, and acquirers which unreasonably restrain trade.2

The lawsuit brings together two important strands—frequent antitrust challenges both by the DOJ and private parties (and other competition authorities around the world) to practices by Visa, MasterCard, and American Express, as well as the Biden's Administration's stepped-up use of Section 2.

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