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entitled 'Credit Cards: Rising Interchange Fees Have Increased Costs 
for Merchants, but Options for Reducing Fees Pose Challenges' which was 
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Report to Congressional Addressees: 

United States Government Accountability Office: 
GAO: 

November 2009: 

Credit Cards: 

Rising Interchange Fees Have Increased Costs for Merchants, but Options 
for Reducing Fees Pose Challenges: 

GAO-10-45: 

GAO Highlights: 

Highlights of GAO-10-45, a report to congressional addressees. 

Why GAO Did This Study: 

When a consumer uses a credit card to make a purchase, the merchant 
does not receive the full purchase amount because a certain portion of 
the sale is deducted to compensate the merchant’s bank, the bank that 
issued the card, and the card network that processes the transaction. 
The level and growth of these rates have become increasingly 
controversial. The 2009 Credit Card Accountability, Responsibility, and 
Disclosure Act directed GAO to review (1) how the fees merchants pay 
have changed over time and the factors affecting the competitiveness of 
the credit card market, (2) how credit card competition has affected 
consumers, (3) the benefits and costs to merchants of accepting cards 
and their ability to negotiate those costs, and (4) the potential 
impact of various options intended to lower merchant costs. 

To address these objectives, GAO reviewed and analyzed relevant 
studies, literature, and data on the card payment market and 
interviewed industry participants, including large and small card 
issuers (including community banks and credit unions), card processors, 
card networks, large merchants representing a significant proportion of 
retail sales, and small merchants from a variety of industries, and 
academic experts. 

GAO provided a draft of this report to the Department of Justice, the 
Federal Trade Commission, and federal banking regulators, and we 
incorporated their technical comments where appropriate. 

What GAO Found: 

According to Federal Reserve analysis, total costs of accepting credit 
cards for merchants have risen over time as consumers use cards more. 
Part of these increased costs also may be the result of how Visa and 
MasterCard competed to attract and retain issuers to offer cards by 
increasing the number of interchange fee categories and the level of 
these rates. Concerns remain over whether the level of these rates 
reflects market power—the ability of some card networks to raise prices 
without suffering competitive effects—or whether these fees reflect the 
costs that issuers incur to maintain credit card programs. Issuers, 
particularly smaller issuers such as community banks and credit unions, 
report relying on interchange fees as a significant source of revenue 
for their credit card operations, and analyses by banking regulators 
indicate such operations traditionally have been among the most 
profitable types of activities for large banks. 

Some consumers have benefited from competition in the credit card 
market, as cards often have no annual fees, lower interest rates than 
they did years ago, and greater rewards. However, consumers who do not 
use credit cards may be paying higher prices for goods and services, as 
merchants pass on their increasing card acceptance costs to all of 
their customers. 

For merchants, the benefits of accepting credit cards include increased 
sales and reduced labor costs. However, representatives from some of 
the large merchants with whom we spoke said their increased payment 
costs outstripped any increased sales. These merchants also reported 
that their inability to refuse popular cards and network rules (which 
prevent charging more for credit card than for cash payments or 
rejecting higher-cost cards) limited their ability to negotiate payment 
costs. Interchange fees are not federally regulated in the United 
States, but concerns about card costs have prompted federal 
investigations and private lawsuits, and authorities in more than 30 
countries have taken or are considering taking actions to address such 
fees and other card network practices. 

Proposals for reducing interchange fees in the United States or other 
countries have included (1) setting or limiting interchange fees, (2) 
requiring their disclosure to consumers, (3) prohibiting card networks 
from imposing rules on merchants that limit their ability to steer 
customers away from higher-cost cards, and (4) granting antitrust 
waivers to allow merchants and issuers to voluntarily negotiate rates. 
If these measures were adopted here, merchants would benefit from lower 
interchange fees. Consumers would also benefit if merchants reduced 
prices for goods and services, but identifying such savings would be 
difficult. Consumers also might face higher card use costs if issuers 
raised other fees or interest rates to compensate for lost interchange 
fee income. Each of these options also presents challenges for 
implementation, such as determining at which rate to set, providing 
more information to consumers, or addressing the interests of both 
large and small issuers and merchants in bargaining efforts. 

View [hyperlink, http://www.gao.gov/products/GAO-10-45] or key 
components. For more information, contact Alicia Puente Cackley at 
(202) 512-8678 or cackleya@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Fees Merchants Pay for Accepting Credit Cards Have Increased over Time 
and May Be Related to Competition for Issuers in the Credit Card 
Market: 

While Competition among Issuers Has Increased Benefits and Lowered 
Costs for Some Cardholders, Other Consumers May Be Negatively Affected 
by Increased Card Use: 

Although Accepting Credit Cards Provides Benefits, Merchants Report 
Card Costs Are Increasing Faster and Their Ability to Negotiate or 
Lower These Costs Is Limited: 

Although Various Options to Lower Interchange Fees Exist, Impacts on 
Cardholders Could Be Mixed and Each Option Has Implementation 
Challenges: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Review of Options to Regulate Interchange Fee Rates and 
Terms of Credit Card Acceptance: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Ten Largest Credit Card Issuers as of Year-end 2008: 

Table 2: Changes in Visa and MasterCard Domestic Credit Card 
Interchange Fee Rates, Numbers, and Average Rates, 1991 and 2009: 

Table 3: Litigation Involving Card Network Practices: 

Figures: 

Figure 1: Growth in Credit Card Usage from 1993 to 2007: 

Figure 2: Transfer of Fees in a Credit Card Transaction: 

Figure 3: Changes in Interchange Fee Costs from 2000 to 2009: 

Figure 4. Return on Assets, Large U.S. Credit Card Banks, 1986-2008 and 
All FDIC-Insured Commercial Banks, 1988-2008: 

Abbreviations: 

DOJ: Department of Justice: 

FDIC: Federal Deposit Insurance Corporation: 

FTC: Federal Trade Commission: 

OCC: Office of the Comptroller of the Currency: 

PIN: personal identification number: 

RBA: Reserve Bank of Australia: 

TILA: Truth in Lending Act: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

November 19, 2009: 

The Honorable Christopher J. Dodd: 
Chairman: 
The Honorable Richard C. Shelby: 
Ranking Member: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

The Honorable Olympia J. Snowe: 
Ranking Member: 
Committee on Small Business and Entrepreneurship: 
United States Senate: 

The Honorable Benjamin L. Cardin: 
The Honorable Tom Harkin: 
United States Senate: 

The Honorable Barney Frank: 
Chairman: 
The Honorable Spencer Bachus: 
Ranking Member: 
Committee on Financial Services: 
House of Representatives: 

Consumers are increasingly using credit cards to make payments for 
goods and services. When a consumer uses a credit card to make a 
purchase, the merchant does not receive the full purchase amount 
because a certain portion of the sale is deducted and distributed among 
the merchant's financial institution, the financial institution that 
issued the card, and the card network that processes the transaction. 
The majority of this amount generally is called the interchange fee and 
goes to the financial institution that issued the card. As card use has 
become more popular, the costs for merchants of accepting them have 
been rising, and considerable debate has been occurring over these 
costs, and particularly the level of interchange fee rates. In the 
United States, merchants have sued the card networks several times over 
card acceptance rules and costs. Several congressional committees have 
held hearings on the topic of interchange fees and Members of Congress 
have introduced legislation regarding interchange fees. 

In May 2009, Congress passed and the President signed the Credit Card 
Accountability Responsibility and Disclosure Act of 2009 (CARD Act), 
which directed us to conduct a study of credit card interchange 
fees.[Footnote 1] In addition, we were asked by members of the Senate 
Small Business Committee to review the market for interchange fees. In 
response to both, we reviewed (1) how the fees merchants pay for 
accepting credit cards have changed over time and the factors affecting 
the competitiveness of the credit card market, (2) how credit card 
competition has affected consumers, (3) the benefits and costs to 
merchants of accepting cards and their ability to negotiate those 
costs, and (4) the potential impact of various options intended to 
lower merchant card fee costs. 

To address our objectives, we reviewed economic and other academic 
literature and analyzed industry data on the structure of the credit 
card payment market and merchants' reported fees for payment 
acceptance.[Footnote 2] We reviewed materials provided to us by the 
card networks about the structure of interchange fees, how those fees 
have changed over time, and the rules for payment card acceptance. We 
also conducted interviews with more than 80 organizations, including 
U.S. federal banking and other regulators, academic researchers, and 
industry participants. We also interviewed and obtained information 
from regulatory officials in Australia, which took actions regarding 
interchange fees in 2003. To learn how card issuers compete to attract 
cardholders and the role of interchange fee revenue, we interviewed 
representatives from national banking associations, from some of the 
largest credit card issuing banks, and from credit unions and community 
banks from across the United States. To learn more about the role of 
acquiring institutions and processors, we met with an acquiring bank 
association and several large acquiring banks and merchant data 
processors. To learn more about the fees merchants pay for card 
acceptance, we met with representatives of large merchant groups from a 
variety of industries, including mass market retailers, grocery store 
chains, and online retailers. These merchants represent some of the 
largest retailers in the United States, including eight that 
represented 42 percent of the wholesale and retail trade industries 
listed in the S&P 500 in 2008. In addition, we obtained and analyzed 
data provided by large merchants, merchant associations, and a large 
credit card processor on the costs of accepting credit cards and 
interchange fee changes over time. This information was used to 
corroborate some of the statements they made about the benefits of card 
use, but we did not independently verify these data. In general, 
publicly available data on interchange fee revenues, card issuer costs, 
and other quantitative information are limited or data could not be 
provided because of contractual restrictions or ongoing litigation. We 
also selected small merchants to interview from the Washington, D.C., 
and Springfield, Virginia, Chambers of Commerce. These merchants 
represented a diverse group of businesses, including boutique shops, 
sports clubs, and a health care professional. Our interviews with 
industry participants, academics, and regulators also provided us with 
an understanding of the potential impact of various options to lower 
credit card fees. See appendix I for more detailed information on our 
scope and methodology. 

We conducted our work from May 2009 to November 2009 in accordance with 
generally accepted government auditing standards. Those standards 
require that we plan and perform the audit to obtain sufficient, 
appropriate evidence to provide a reasonable basis for our findings and 
conclusions based on our audit objectives. We believe that the evidence 
obtained provides a reasonable basis for our findings and conclusions 
based on our audit objectives. 

Background: 

Payment card use has grown dramatically since the introduction of cards 
in the beginning of the 20th century. Hotels, oil companies, and 
department stores issued cards associated with charge accounts before 
World War I. In 1950, Diners Club established the first general purpose 
charge card that allowed its cardholders to purchase goods and services 
from many different merchants. In the late 1950s, Bank of America began 
offering the BankAmericard, one of the first general purpose credit 
cards. Unlike charge cards that require the balance to be paid in full 
each month, credit cards allow cardholders to make purchases up to a 
credit limit and pay the balance off over time. To increase the number 
of consumers carrying the card and to reach retailers outside of Bank 
of America's area of operations, other banks were given the opportunity 
to license Bank of America's credit card. As the network of banks 
issuing these credit cards expanded, the network was converted into a 
membership-owned corporation that became the Visa network. MasterCard 
began in 1966 as an association of member-owned banks. American Express 
launched its card network in 1958, and in the 1980s, Discover, then a 
business unit of Sears, issued Discover card. In 2006, MasterCard 
became a publicly traded company with a board of directors with a 
majority of directors that are independent from their financial 
institution customers. Visa became a publicly traded company in 2008, 
and its financial institution members became common stockholders with a 
minority of shares. 

Today, customers can choose among different types of payment cards. 
Consumers can use debit cards with a personal identification number 
(PIN) they enter on payment or with a signature. The payment is 
transferred directly from the cardholder's account to the merchant's 
account. With a debit card, the payment comes from the cardholder's 
checking account. Credit cards allow cardholders to access borrowed 
funds to make a purchase and generally have a grace period between the 
purchase of an item and the payment date. Then the cardholder can pay 
the charges in full or extend the loan and keep making charges to the 
credit limit. Cardholders who do not pay for the charges in full are 
assessed finance charges by their financial institution and pay 
interest on the remaining balance. Credit cards offer cardholders 
several benefits, including: 

* faster transactions, 

* the convenience of not having to carry cash or a checkbook, 

* a convenient source of unsecured credit that allows consumers to 
finance their purchases over time, 

* an interest-free period to finance purchases if balances are paid on 
time,[Footnote 3] 

* improved theft and loss prevention as compared with cash and easier 
dispute resolution in the event of problems,[Footnote 4] and: 

* an easy record-keeping mechanism that can be useful for budgeting, 
planning, and income tax preparation. 

Consumer Use of Credit Cards Has Grown Dramatically, while a Few Large 
Banks Have Come to Account for Most Card Issuance: 

The number of credit cards in circulation and the extent to which they 
are used has also grown dramatically. The range of goods and services 
that can be purchased with credit cards has expanded, with cards now 
being used to pay for groceries, health care, and federal and state 
income taxes. In 2007, U.S. consumers held more than 694 million credit 
cards from Visa, MasterCard, American Express, and Discover, and as 
shown in figure 1, the total value of transactions for which these 
cards were used exceeded $1.9 trillion, according to data from the Card 
Industry Directory.[Footnote 5] 

Figure 1: Growth in Credit Card Usage from 1993 to 2007: 

[Refer to PDF for image: line graph] 

Year: 1993; 
Value of transactions (2007 dollars in billions): $474.9; 
Number of transactions: 5.6 billion. 

Year: 1994; 
Value of transactions (2007 dollars in billions): $581.5; 
Number of transactions: 6.6 5.6 billion. 

Year: 1995; 
Value of transactions (2007 dollars in billions): $700.9; 
Number of transactions: 9.1 5.6 billion. 

Year: 1996; 
Value of transactions (2007 dollars in billions): $798.1; 
Number of transactions: 10.4 5.6 billion. 

Year: 1997; 
Value of transactions (2007 dollars in billions): $887; 
Number of transactions: 11.5 5.6 billion. 

Year: 1998; 
Value of transactions (2007 dollars in billions): $974; 
Number of transactions: 12.6 5.6 billion. 

Year: 1999; 
Value of transactions (2007 dollars in billions): $1,095.7; 
Number of transactions: 14.2 5.6 billion. 

Year: 2000; 
Value of transactions (2007 dollars in billions): $1,250.4; 
Number of transactions: 16.9 5.6 billion. 

Year: 2001; 
Value of transactions (2007 dollars in billions): $1,369.3; 
Number of transactions: 18.4 5.6 billion. 

Year: 2002; 
Value of transactions (2007 dollars in billions): $1,426.4; 
Number of transactions: 19.7 5.6 billion. 

Year: 2003; 
Value of transactions (2007 dollars in billions): $1,321.4; 
Number of transactions: 21.1 5.6 billion. 

Year: 2004; 
Value of transactions (2007 dollars in billions): $1,451.8; 
Number of transactions: 22.4 5.6 billion. 

Year: 2005; 
Value of transactions (2007 dollars in billions): $1,618.8; 
Number of transactions: 24.9 5.6 billion. 

Year: 2006; 
Value of transactions (2007 dollars in billions): $1,783.3; 
Number of transactions: 25.6 5.6 billion. 

Year: 2007; 
Value of transactions (2007 dollars in billions): $1,904.6; 
Number of transactions: 26.4 5.6 billion. 

Source: SourceMedia. Card Industry Directory, 20th edition. GAO 
adjusted the transaction values for inflation and the values are 
reported in 2007 dollars. 

Note: From 2003, the transaction value data from Visa and MasterCard 
represent purchase volume only. Before 2003, data included cash 
disbursements. 

[End of figure] 

Many of the largest issuers of credit cards in the United States are 
commercial banks, including many of the largest banks in the country. 
More than 6,000 depository institutions issue credit cards, but over 
the past decade, the majority of accounts increasingly have become 
concentrated among a small number of large issuers. Table 1 shows the 
largest bank issuers of credit cards as of the end of 2008, and their 
percentage of the total United States credit card market, according to 
an industry newsletter. 

Table 1: Ten Largest Credit Card Issuers as of Year-end 2008: 

Card issuer: JPMorgan Chase; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 21. 

Card issuer: Bank of America; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 19. 

Card issuer: Citi; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 12. 

Card issuer: American Express; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 10. 

Card issuer: Capital One; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 7. 

Card issuer: Discover; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 6. 

Card issuer: Wells Fargo; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 4. 

Card issuer: HSBC; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 3. 

Card issuer: U.S. Bank; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 2. 

Card issuer: USAA Savings; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 2. 

Card issuer: Total; 
Percentage of total U.S. credit card market by credit card balances 
outstanding: 88. 

Source: GAO analysis of data from The Nilson Report, April 2009, Issue 
923. 

[End of table] 

In addition, community banks, thrifts, and credit unions each issue 
credit and debit cards. According to information provided by banking 
regulators and banking associations, about 75 percent of community 
banks, 49 percent of credit unions, and 13 percent of thrifts issue 
credit cards. 

Transactions through Card Networks Involve Multiple Parties and Fees: 

Merchants' costs of payment card acceptance involve several different 
fees that are divided among the parties involved in a credit card 
transaction. The parties involved in processing credit card 
transactions vary depending on the network used by the card. The United 
States has four primary general purpose credit card networks. For the 
two largest networks--Visa and MasterCard--transactions involve four 
parties: (1) the financial institution that issued a cardholder's card, 
(2) the cardholder, (3) the merchant that accepts the cardholder's 
card, and (4) an acquiring financial institution. A merchant that 
accepts Visa or MasterCard credit cards enters into a contract with an 
acquiring institution that has a relationship with Visa or MasterCard 
(or both) to provide card payment processing services. The merchant's 
contract with the acquiring institution or its agent specifies the 
level of services the merchant receives, as well as the merchant 
discount fee and other fees that will apply to the processing of the 
merchant's card transactions.[Footnote 6] The acquiring institution 
charges the merchant a merchant discount fee that is established 
through negotiations. 

The majority of the merchant discount fee is generally paid from the 
acquiring institution to the issuing institution in the form of an 
interchange fee. A merchant does not pay the interchange fee directly. 
Rather, the Visa or MasterCard network transfers the interchange fee 
portion of the merchant discount fee from the acquiring institution to 
the issuing institution. The acquiring institution retains the balance 
of the merchant discount fee to cover its costs for processing the 
transaction.[Footnote 7] Figure 2 illustrates the four parties in a 
typical credit card transaction and how fees are transferred among the 
parties. In this example, when a cardholder makes a $100 purchase, the 
merchant pays $2.20 in merchant discount fees for the transaction. This 
amount is divided between the issuing institution, which received $1.70 
in interchange fees, and the acquiring institution, which receives 50 
cents for processing the transaction. 

Figure 2: Transfer of Fees in a Credit Card Transaction: 

[Refer to PDF for image: illustration] 

Cardholder: 
A: $100 credit card purchase. 

Merchant: 
B: Submits transaction data for authorization: $100; 
Pays merchant discount fee of $2.20. 

Card Network (Visa and MasterCard): 
C: Issuer approves transaction and transfers $98.30 through the card 
network to the acquirer ($100-$1.70 interchange fee); 

Cardholder transaction: $100; 
Interchange fee: $1.70; 
Card network pays acquirer: $98.30; 
Acquirer pays merchant: $97.80; 
Processing fee paid to acquirer: $0.50; 
1.70%: Interchange rate; 
2.20%: Merchant discount rate. 

Acquirer: 
D: Merchant paid $97.80 ($100 - $2.20 discount). 
Keeps $0.50 for acquiring fee. 

Issuer: 
E: Bills cardholder $100. 

Cardholder: 
F: Pays Issuer. 

Sources: GAO (analysis); Art Explosion (images). 

Note: Individual credit transactions vary considerably, as do the terms 
of merchant acquiring contracts. 

[End of figure] 

For transactions on the other two major card networks--American Express 
and Discover--generally only three parties are involved: the 
cardholder, the merchant, and one company that acts as both the issuing 
and acquiring entities.[Footnote 8] Merchants that choose to accept 
these two types of cards typically negotiate directly with American 
Express and Discover over the merchant discount fees that will be 
assessed on their transactions. 

Acquiring institutions provide the means for merchants to accept credit 
cards, by forwarding the request for authorization through the card 
network to the cardholder's issuing institution. The issuing 
institution authorizes the transaction by verifying that the account is 
valid and that the cardholder has a sufficient amount of credit for the 
sale. For merchants accepting cards in their stores, authorization 
generally occurs automatically through electronic point-of-sale 
terminals that read cards. Acquiring institutions clear and settle card 
purchases by providing payment from the issuing institution to the 
merchant's account, except for the interchange fees and their own 
service fees. According to industry estimates, the process takes 
between 24 and 72 hours for the merchant to receive payment. Acquiring 
institutions also assume the risks of a merchant defaulting on the 
promise of goods. For example, if a merchant becomes bankrupt, its 
acquiring institution is responsible for settling claims with the 
network and issuers whose cardholders are waiting for goods or 
services. 

Interchange Fees Represent the Largest Portion of Credit Card Payment 
Acceptance Fees: 

Interchange fees generally account for the largest portion of the fees 
for acceptance of Visa and MasterCard credit cards. The card networks 
set the fees, which vary based on several factors and generally range 
from 1 to 3 percent of the purchase price. Card network officials told 
us that they have developed lower rates to encourage certain merchants 
to accept their cards.[Footnote 9] Acquiring banks and card network 
representatives also told us that certain merchants and transaction 
types are considered more risky than others and pay higher interchange 
fees for accepting card payments. 

According to Visa and MasterCard officials, four main factors determine 
which interchange fee rates apply to a given transaction on their 
networks: 

* Type of card: Different rates apply to different types of cards. Visa 
and MasterCard have separate interchange fee rates for general purpose 
consumer cards, rewards credit cards, commercial credit cards (issued 
to businesses), and debit cards. Debit card interchange fees generally 
are lower than those for credit cards. Among credit cards, premium 
cards such as those offering rewards and commercial cards generally 
have higher rates than those for standard or traditional cards. 

* Merchant category: Card networks classify merchants according to 
their line of business. Network officials told us they develop lower 
interchange fee rates for industries that do not accept cards to 
encourage merchants in certain categories to accept cards. For example, 
grocery stores and utilities have lower interchange fees as a special 
incentive from the networks. Interchange fee rates are higher for 
merchants in industries such as travel and entertainment, in which 
network officials report customers spend more with their credit cards, 
providing the merchant with higher value. 

* Merchant size (transaction volume): Merchants with large volumes of 
card transactions generally have lower interchange fee rates. Visa 
categorizes some merchants into three tiers based on transactions and 
sales volume, with top-tier merchants receiving the lowest rate. Visa 
and MasterCard officials told us that the lower rates also were 
designed to promote the use of their cards over other credit cards and 
forms of payment. 

* Processing mode: Interchange fee rates also vary depending on how 
card transactions are processed. For example, transactions that occur 
without the card being physically present, such as on the Internet, 
have higher interchange fee rates because of the higher risk of fraud. 
Similarly, swiping a card through a card terminal, rather than manually 
entering the account number, would lower a merchant's interchange rate. 
The swiped transaction provides more information to the issuer 
authorizing the sale, and issuers and card networks consider such 
transactions to be less risky because the card was present. 

Merchants generally learn of changes to their rates for accepting Visa 
and MasterCard cards through their acquiring institution. Smaller 
merchants generally receive one or more flat fees (known as a blended 
rate) for payment acceptance that include both the interchange fee and 
the acquiring institution's fee. For merchants with blended rates, the 
costs of acceptance are uniform for each card type and interchange fee 
rates may not be disclosed on statements as a separate fee. In 
contrast, larger merchants generally receive detailed statements from 
their acquiring institution and card processors, which include 
interchange fee categories, network fees, and fees from the acquiring 
institution. These statements reflect "cost-plus" rates, because the 
acquiring institution provides the merchant with the details of the 
costs passed on from the network along with the acquiring institution's 
own fees. Visa and MasterCard develop and publish interchange rate 
tables (available on their Web sites) that disclose the default rates 
that apply to various types of transactions. Visa and MasterCard 
typically publish new interchange schedules twice a year. 

Oversight of the Payment Card Market and Recent Legislative 
Initiatives: 

Various federal agencies oversee credit card issuers. The Federal 
Reserve oversees issuers that are chartered as state banks and are also 
members of the Federal Reserve System. The Office of the Comptroller of 
the Currency (OCC) supervises card issuers chartered as national banks. 
Other regulators are the Federal Deposit Insurance Corporation (FDIC), 
which oversees state-chartered banks with federally insured deposits 
that are not members of the Federal Reserve System; the Office of 
Thrift Supervision, which oversees federally chartered and state- 
chartered savings associations with federally insured deposits; and the 
National Credit Union Administration, which oversees federally 
chartered and state-chartered credit unions whose accounts are 
federally insured. As part of their oversight, these regulators review 
card issuers' compliance with the Truth In Lending Act (TILA)--the 
primary federal law pertaining to the extension of consumer credit--and 
ensure that an institution's credit card operations do not pose a 
threat to the institution's safety and soundness.[Footnote 10] The 
Federal Trade Commission (FTC) generally has responsibility for 
enforcing TILA and other consumer protection laws for credit card 
issuers that are not subject to the enforcement authority of other 
federal regulators. To the extent that the imposition of interchange 
fees would constitute an anticompetitive or unfair business practice 
prohibited by the antitrust laws or the Federal Trade Commission Act, 
the Department of Justice (DOJ) and FTC, respectively, could take 
measures to ensure compliance with those laws. 

Interchange fees are the subject of several federal legislative 
proposals. The Credit Card Fair Fee Acts of 2009, introduced in June 
2009, would, among other things, establish a process by which merchant 
groups and providers of access to credit card networks could negotiate 
interchange fees and other terms of network participation under an 
exemption from federal antitrust laws.[Footnote 11] The interchange fee 
would be made publicly available. Another proposal would require credit 
and debit card networks to remove constraints placed on merchants for 
card acceptance, such as requiring merchants to accept all cards from a 
particular network, and require issuers to disclose networks' fees to 
credit card users.[Footnote 12] 

Fees Merchants Pay for Accepting Credit Cards Have Increased over Time 
and May Be Related to Competition for Issuers in the Credit Card 
Market: 

The amounts merchants pay to accept credit cards is increasing, as 
Federal Reserve data indicate that consumers increasingly use credit 
cards to make payments, but also because network competition in the 
credit card market may be contributing to rising interchange fees. As 
Visa and MasterCard have sought to attract new merchants to accept and 
issuers to offer their cards, the number of different interchange fee 
categories has grown. In addition, as the networks compete to attract 
financial institutions to issue cards on their networks, they may have 
increased their interchange fees to provide issuers with greater 
revenue from the fees. However, concerns remain over whether the level 
of interchange fee rates reflect the ability of some card networks to 
exercise market power by raising prices without suffering competitive 
effects, or whether these fees are the result of the costs that issuers 
incur to maintain their credit card programs.[Footnote 13] Issuers, 
particularly smaller issuers such as community banks and credit unions, 
report relying on interchange fees as a significant source of revenue 
for their credit card operations, and analyses by banking regulators 
indicate that card activities traditionally have been among the most 
profitable types of activities for large banks. 

Reasons for the Increase in Merchant Card Acceptance Costs Include 
Consumers' Increasing Use of Credit and Debit Cards and Increases in 
Fee Rates: 

The amount of fees that merchants pay for card transactions has been 
increasing in recent years, in part because of the increasing use of 
credit cards to make payments. The Federal Reserve recently estimated 
that the use of both checks and cash have declined, or at least grown 
more slowly than credit and debit card use, since the mid-1990s as more 
consumers switched to electronic forms of payment.[Footnote 14] 
According to data from the American Bankers Association, since 2005 
more than half of total retail transactions have been paid for using 
cards (either debit or credit).[Footnote 15] Although the total value 
of fees that merchants paid for card transactions as well as the total 
value of interchange fees are not publicly available, economists at the 
Federal Reserve estimated that the value of interchange fees paid on 
Visa and MasterCard credit and debit cards has increased substantially, 
from about $20 billion in 2002 to approximately $35 billion to 45 
billion in 2007.[Footnote 16] As the total amount of interchange fees 
increased, so did merchants' total fees for accepting cards. 

Merchants' card acceptance costs also have been increasing as a result 
of rising average interchange fee rates. Visa and MasterCard officials 
told us that their average effective interchange rates applied to 
transactions have remained fairly constant in recent years when 
transactions on debit cards, which have lower interchange fee rates, 
are included. However, our own analysis of Visa and MasterCard 
interchange rate schedules shows that the interchange rates for credit 
cards have been increasing and their structures have become more 
complex, as hundreds of different interchange fee rate categories for 
accepting credit cards now exist (see table 2). According to our 
analysis, in 1991, Visa and MasterCard each had 4 standard domestic 
credit card interchange fee rate categories, but by 2009, Visa had 60 
and MasterCard had 243 different rate categories that could be charged 
to card transactions, although not all of these rates would apply to 
all merchants.[Footnote 17] According to card network officials, the 
increase in the number of rates occurred as different types of 
merchants and cards were added to their interchange rate schedules. For 
example, the networks introduced new rates for certain industries that 
previously had not accepted cards (such as energy utility companies or 
government agencies) or for new methods of shopping (such as online 
purchases). In addition to the increase in the number of interchange 
fee rates, the maximum domestic credit card interchange fee per 
transaction also has increased, as shown in table 2. While some of the 
networks' interchange fee rates remained the same during this time and 
a few decreased, another reason merchant card acceptance costs are 
increasing may be that individual interchange fee rates also are 
increasing. According to our analysis, from 1991 to 2009, 43 percent of 
the individual Visa rates and 45 percent of the MasterCard rates that 
prevailed in 2009 had been increased since they were originally 
introduced. 

Table 2: Changes in Visa and MasterCard Domestic Credit Card 
Interchange Fee Rates, Numbers, and Average Rates, 1991 and 2009: 

Changes in rates from 1991 and 2009: Number of interchange rate 
categories in 1991; 
Visa: 4; 
MasterCard: 4. 

Changes in rates from 1991 and 2009: Number of interchange rate 
categories in 2009; 
Visa: 60; 
MasterCard: 243. 

Changes in rates from 1991 and 2009: Range of interchange rates in 
1991; 
Visa: 1.25% to 1.91%; 
MasterCard: 1.30% to 2.08%. 

Changes in rates from 1991 and 2009: Range of interchange rates in 
2009; 
Visa: 0.95% to 2.95%; 
MasterCard: 0.90% to 3.25%. 

Changes in rates from 1991 and 2009: Percentage of rates that 
increased; 
Visa: 43%; 
MasterCard: 45%. 

Changes in rates from 1991 and 2009: Percentage of rates that stayed 
the same; 
Visa: 45%; 
MasterCard: 45%. 

Changes in rates from 1991 and 2009: Percentage of rates that 
decreased; 
Visa: 12%; 
MasterCard: 10%. 

Source: GAO analysis of Visa and MasterCard interchange fees schedules. 

Note: Any additional transaction fees or rates that were not based on a 
percentage of the total sales amount were excluded from this analysis. 
For example, Visa has a flat fee of 75 cents for payments accepted by 
utility companies. Analysis of increases or decreases in rates compared 
each rate when initially introduced with its level as of April 2009. 

[End of table] 

Our interchange fee rate analysis showed that the interchange fee rates 
that increased the most during this period were for some standard card 
types. For example, the rate that applied to MasterCard transactions 
using basic nonrewards credit cards at merchants that would not 
otherwise qualify for a special rate--called Merit III base--was 1.30 
percent in 1991 and 1.58 percent in April 2009--representing a 22 
percent increase[Footnote 18]. A similar rate for Visa--known as CPS/ 
Retail Credit--increased from 1.25 percent to 1.54 percent, or 23 
percent, from 1995 to April 2009. In addition, several of the networks' 
higher interchange fee rates also increased during this period. For 
example, both networks' corporate card (issued to business customers) 
interchange fee rates increased considerably--Visa by 36 percent and 
MasterCard by 82 percent. Rates on other cards that had lower-cost 
incentive rates for sectors that previously did not take cards also 
increased. For example, MasterCard's interchange rate for standard 
credit cards used at a supermarket increased nearly 29 percent, from an 
introduction at 1.15 percent in 1998 to 1.48 percent in 2009. 

Analysis by Federal Reserve staff also showed that interchange fee 
rates have increased, particularly for premium cards that have higher 
rates than basic cards.[Footnote 19] As shown in figure 3, the 
interchange fee costs for Visa's and MasterCard's premium cards have 
increased about 24 percent since they were introduced in 2005. 
Interchange fee costs for basic credit cards have stayed roughly the 
same since 2005, with a 3-percent decline for MasterCard and none for 
Visa. 

Figure 3: Changes in Interchange Fee Costs from 2000 to 2009: 

[Refer to PDF for image: multiple line graph] 

Year: 2000: 

January: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

February: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 
March: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

April: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

May: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

June: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

July: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

August: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

September: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

October: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

November: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

December: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

Year: 2001: 

January: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

February: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

March: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

April: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

May: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

June: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

July: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

August: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

September: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

October: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

November: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

December: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

Year: 2002: 

January: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

February: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

March: 
Visa (basic): $0.6; 
Mastercard (basic): $0.64. 

April: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

May: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

June: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

July: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

September: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

October: 
Visa (basic): $0.6; 
Mastercard (basic): $0.65. 

November: 
Visa (basic): $0.65; 
Mastercard (basic): $0.65. 

December: 
Visa (basic): $0.65; 
Mastercard (basic): $0.65. 

Year: 2003: 

January: 
Visa (basic): $0.65; 
Mastercard (basic): $0.65. 

February: 0.65		0.65	
Visa (basic): $0.65; 
Mastercard (basic): $0.65. 

March: 
Visa (basic): $0.65; 
Mastercard (basic): $0.65. 

April: 
Visa (basic): $0.66; 
Mastercard (basic): $0.66. 

May: 
Visa (basic): $0.66; 
Mastercard (basic): $0.66. 

June: 
Visa (basic): $0.66; 
Mastercard (basic): $0.66. 

July: 
Visa (basic): $0.66; 
Mastercard (basic): $0.66. 

August: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67. 

September: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

October: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

November: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

December: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

Year: 2004:  

January: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

February: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

March: 
Visa (basic): $0.67; 
Mastercard (basic): $0.67.

April: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

May: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

June: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

July: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

August: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

September: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

October: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

November: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

December: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

Year: 2005: 

January: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

February: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

March: 
Visa (basic): $0.72; 
Mastercard (basic): $0.72.

April: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

May: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

June: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

July: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

August: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

September: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

October: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

November: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

December: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 


Year: 2006: 

January: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

February: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

March: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.75; 
Mastercard premium: $0.79. 

April: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

May: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

June: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

July: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

August: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

September: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.79. 

October: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

November: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

December: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

Year: 2007:  

January: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

February: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

March: 
Visa (basic): $0.72; 
Visa premium: $0.76; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.80. 

April: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.98. 

May: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.76; 
Mastercard premium: $0.98. 

June: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

July: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

August: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

September: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

October: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

November: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

December: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

Year: 2008: 

January: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

February: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

March: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

April: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

May: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

June: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

July: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

August: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

September: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

October: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

November: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

December: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

Year: 2009: 

January: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

February: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

March: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

April: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

May: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

June: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

July: 
Visa (basic): $0.72; 
Visa premium: $0.98; 
Mastercard (basic): $0.73; 
Mastercard premium: $0.98. 

Note: Interchange fees displayed assume a $40 purchase at a typical 
merchant. Fees are reported for each month in each year. Thicker lines 
are for premium cards. 

[End of figure] 

Although limited information about cost trends for accepting cards 
exists for American Express and Discover, the rates these two networks 
charge have not generated the same level of concern as those of the 
other networks, in part because they are less widely used. Information 
on the rates that American Express and Discover charge merchants to 
accept their cards is limited; these networks do not publish the rates 
they charge merchants, but instead generally negotiate these charges 
with merchants on an individual basis. As discussed previously, 
American Express and Discover, for large merchants, generally serve as 
both the issuer and acquirer of their cards, so merchants' fees for 
accepting those cards represent their entire merchant discount fee. 
Representatives from American Express told us that they do not have 
interchange fees but instead contract directly with merchants for a 
fixed merchant discount rate for all types of American Express cards. 
Discover officials told us that Discover is moving from a single rate 
for each merchant that applies to all of their cards to a tiered 
interchange fee model, with higher interchange fees for rewards and 
corporate cards.[Footnote 20] Although these networks do not make their 
merchant discount rate information publicly available, a recent survey 
of 750 small business owners found that merchants with fewer than 250 
employees paid an average of 3.2 percent to accept American Express 
Cards and 2.5 percent for Discover cards, compared with the average 
merchant discount fee (which includes the interchange fee and acquiring 
costs) that these merchants reported of 2.3 percent for MasterCard and 
Visa.[Footnote 21] According to data provided to us by American 
Express, the average merchant discount rate for its cards has decreased 
in recent years, from roughly 3.25 percent in 1990 to 2.56 percent in 
2009. 

The Structure of the Card Networks and Increased Competition for 
Issuers May Increase the Price of Card Acceptance for Merchants: 

The structure of the credit card market is different from that of other 
markets and could be one reason why merchants' costs for card 
acceptance are rising. Economists and other researchers note that 
credit card networks function differently from most markets because the 
card market can be considered a "two-sided" market, in which two 
different groups--merchants and consumers--pay prices for goods or 
services offered by a producer. Other two-sided markets include 
newspapers, which charge different prices to consumers who purchase the 
publications and advertisers that purchase space in the publications. 
Typically, newspapers offer low subscription rate or per copy price to 
attract readers, while funding most of their costs from revenue 
received from advertisers. Charging low prices to encourage larger 
numbers of consumers to purchase the newspaper increases the paper's 
attractiveness to advertisers as a place to reach a large number of 
consumers, and thus allows publishers to charge such advertisers more. 
As a newspaper attracts more readers, it can charge higher prices to 
advertisers. 

Similarly, card networks use interchange fees as a way to balance 
demand from both consumers (who want to use cards to pay for goods) and 
merchants (who accept cards as payment for goods). As with newspapers, 
the costs to both sides of the card market are not borne equally. To 
attract a sufficient number of consumers to use their cards, card 
networks compete to attract financial institutions to issue them, and 
institutions in turn compete to find additional cardholders. Just as 
readers have a variety of sources from which they can receive their 
news, consumers also have a number of different methods (such as cash, 
check, or credit card) by which they can pay for a good or service. 
Because of the choices consumers have available, card networks and 
issuers want to minimize the costs for consumers to carry their cards 
to encourage greater acceptance and use. In contrast, merchants have 
less choice about card costs, particularly once a large number of 
consumers are using a particular network's cards.[Footnote 22] Whereas 
a consumer may not pay any fee or charge for using a card, card 
networks charge merchants for accepting cards through interchange and 
other network fees. Consumers' payment choices, such as using rewards 
cards with higher interchange fees, also affect merchants' costs for 
card acceptance.[Footnote 23] As a result, some academic researchers 
have argued that card networks can keep attracting cardholders by 
offering them increasingly attractive terms while increasing costs to 
merchants, whose ability to refuse to accept cards is more limited. 

The concentration of participants in the credit card network market 
also has raised concerns over competition and pricing. Visa and 
MasterCard together accounted for about 71 percent of U.S. credit card 
purchase volume in 2008, American Express for about 24 percent, and 
Discover for 5 percent, according to an industry newsletter.[Footnote 
24] Some economists and other academic researchers have argued that the 
large market share of Visa and MasterCard provides these networks with 
market power--the ability to raise prices without suffering significant 
negative competitive effects such as lost sales or reduced transaction 
volume. As more consumers demand to use Visa and MasterCard cards, 
merchants feel limited in their ability to refuse these cards even as 
interchange fee rates rise or as consumers increasingly use rewards 
cards that have higher interchange rates. These researchers cite the 
low market share for Discover as evidence that a new product has had 
difficulty breaking into the mature market. With fewer cardholders, the 
attractiveness of this network's cards to merchants is reduced. In 
order for Discover or another low-cost credit card network to enter the 
market, it has to compete against the dominance of Visa and MasterCard, 
which already have successfully recruited thousands of financial 
institutions to issue their cards and millions of merchants to accept 
them.[Footnote 25] Card networks face initial fixed costs, including 
building and maintaining the infrastructure to process transactions and 
promoting card usage. Many of the economists that study card market 
issues generally agree that card networks provide a valuable service 
that benefits issuers, consumers, and merchants. However, some have 
pointed out that once a network's initial start-up and coordination 
costs have been recovered, the justification for charging merchants 
higher prices for card acceptance is reduced. 

Competition among networks for issuers also may increase merchants' 
card acceptance costs, as networks increase interchange fees. Although 
greater competition generally produces lower prices for goods and 
services, some economists have noted that competition among card 
networks instead increases costs for merchants. To maintain or increase 
their market share, networks compete for financial institutions to 
issue their cards, and the revenues that the issuers earn from 
interchange fees are an incentive to choose to issue one network's card 
over another. A recent court ruling increased the potential for 
competition among networks for issuers. Before 2001, Visa and 
MasterCard had exclusionary rules prohibiting their member institutions 
from issuing American Express or Discover cards. In 1998, DOJ initiated 
a lawsuit charging, among other things, that Visa and MasterCard had 
conspired to restrain trade by enacting and enforcing these 
exclusionary rules. The trial court held that Visa and MasterCard had 
violated section 1 of the Sherman Antitrust Act by enforcing their 
respective versions of the exclusionary rule.[Footnote 26] As a result 
of the court's decision, an issuer of one of these network's cards now 
has the option to issue cards on the Visa, MasterCard, American 
Express, or Discover network, or a combination of them. Network 
officials from Visa told us that they actively compete to retain 
issuers on their network and interchange fees play a role in that 
effort. Our analysis of interchange fee rate schedules showed that Visa 
and MasterCard introduced several of their highest interchange fee 
rates after this decision, which led to a significant increase in the 
average interchange fee rates for both networks. According to our 
analysis, 46 percent of the different Visa interchange rates that 
prevailed in 2009 had been introduced since 2003, and the average of 
the new interchange rates created by that network since 2003 was 18 
percent higher than the average of interchange rates introduced prior 
to 2003. Similarly, 89 percent of the different MasterCard interchange 
rates that prevailed in 2009 had been introduced since 2003, and the 
average of the interchange rates created by that network since 2003 was 
11 percent higher. According to analysis provided by the Federal 
Reserve, Visa and MasterCard introduced higher interchange fee 
categories in 2005 for premium cards. Visa and MasterCard officials 
told us that Visa's "signature preferred" and MasterCard's "world card" 
interchange categories were limited only to higher-spending 
cardholders. 

Although Offering Cards Involves Various Costs, Issuers Traditionally 
Have Derived Significant Revenues from Interchange Fees: 

Issuers report that the revenue they receive from interchange fees is 
used to cover a variety of costs in their card programs. Establishing a 
credit card program by soliciting customers, offering them unsecured 
credit, and paying for any resulting credit or fraud losses involves 
many costs. Representatives from issuers and networks reported that 
interchange fees represent a value to merchants, as issuers' credit 
card programs provide merchants with increased sales and eliminate the 
need for merchants to create and maintain their own credit card 
operations or internal credit departments.[Footnote 27] Among the costs 
that issuers told us they incur in running their credit card programs 
were costs related to preventing and addressing fraud and data 
breaches; write-offs for credit losses from delinquent or defaulting 
cardholders; funding costs associated with paying the merchant before 
receiving payment from the cardholder; paying for rewards and other 
cardholder benefits; and general operations, including the issuance of 
cards and credit card bill statements. 

Although issuers incur costs for offering cards, concerns remain about 
the extent to which interchange fee levels closely relate to the level 
of card program expenses or whether they are set high so as to increase 
issuer profits. In a competitive market, the price of the product and 
the cost of producing it would be closely aligned. However, producers 
with market power--such as monopolists or those offering goods not 
generally offered by others--have the ability to charge high, 
noncompetitive prices. Representatives of issuers told us that 
interchange fees did not directly cover specific costs of establishing 
and maintaining a credit card program, but were one of several revenue 
sources for issuers, in addition to interest charges on outstanding 
balances and cardholder fees (such as a late fee or an annual fee). 
Representatives from a banking industry consultancy group told us that 
the allocation of issuers' revenue varied widely, as some issuers 
provide more benefits through greater rewards and others by offering 
more credit. For example, issuers derive revenue from cardholders who 
pay interest charges and other fees on their outstanding balances. 
However, issuers may receive little to no revenue from cardholders who 
pay off their balances on time. Representatives from large and small 
issuers told us that interchange fees provide them with income that 
covers the costs of providing short-term credit during the grace period 
and rewards benefits to those cardholders who do not pay interest 
charges or other fees. 

Representatives of credit unions and community banks reported that 
revenue from interchange fees allowed them to cover expenses related to 
offering credit cards and compete with large issuers to offer their 
customers credit cards. According to data provided by the Independent 
Community Bankers of America, the interchange fee portion of community 
banks' credit card revenue varies widely, with some receiving little 
income from interchange fees because of inactive cards and others 
receiving nearly all of their income from interchange fees. Staff from 
this organization told us that they have contracted with a vendor 
processor that provides card processing for many of their members. They 
reported that of the 689 community banks that issue credit cards 
through this vendor, the average amount of revenue from interchange 
fees represented about 43 percent of these institutions' total card 
revenues. Credit unions and community banks had a higher portion of 
cardholders who did not carry a balance or incur penalty fees, 
according to representatives of financial institutions, so they had to 
rely more on interchange fee revenues than revenues from fee income and 
interest payments. Representatives of the smaller issuers also reported 
that they felt they had to offer rewards programs to compete with the 
larger issuers, but for some, rewards programs did not constitute a 
majority of their expenses. In addition, two of the credit unions with 
which we met outsourced the issuance and maintenance of a card program 
to a third party. 

Information on the amount of revenues larger financial institutions 
collect from interchange fees and how those revenues compare with their 
costs of card operations and rewards programs is limited. We were not 
able to obtain data from the largest card issuers about their revenues, 
profits, or expenses to compare interchange fee revenues with expenses. 
However, industry sources indicate that credit card issuers have 
derived a significant amount of revenue from interchange fees. 
According to an industry newsletter, in 2007, roughly 20 percent of 
Visa and MasterCard issuers' card-related revenue--roughly $24 billion--
came from interchange fees, while their total costs (for costs of 
funds, charge-offs, operations, marketing, and fraud) were about $90 
billion, and their profits after taxes $18.3 billion.[Footnote 28] 
According to an economist working for the largest issuers, issuers pass 
on increased revenue from interchange fees to their cardholders in the 
form of greater rewards. He reported that from 2003 to 2008 one large 
credit card issuer provided an increasing portion of its interchange 
fee income as rewards to its cardholders and that Visa's traditional 
rewards, premium rewards, and superpremium interchange fee categories 
had minimum cardholder rewards programs associated with them. Beginning 
in March 2008, national and state-chartered banks had to submit data on 
revenues from credit and debit card interchange fees in quarterly 
reports on their condition and income (Call Reports) when such amounts 
exceeded certain thresholds.[Footnote 29] However, officials from one 
banking regulator cautioned that they were still reviewing the 
consistency of the data provided on these forms. 

Large issuers of credit cards traditionally have been among the most 
profitable banking institutions. Although credit card issuers have 
suffered losses in the recent economic downturn, a June 2009 Federal 
Reserve report points out that for large credit card banks, credit card 
earnings have been consistently higher than returns for all other 
commercial bank activities, as shown in figure 4.[Footnote 30] Recent 
analysis by FDIC also shows that credit card lending remains a 
profitable business for credit card issuers, and an FDIC official 
recently testified that credit card lending has been one of the most 
profitable business lines for some time.[Footnote 31] However, FDIC 
data also show that federally insured institutions that focus on credit 
card lending have lost some of their profitability in the economic 
downturn as these institutions experienced some of the highest rates of 
charge-offs.[Footnote 32] 

Figure 4. Return on Assets, Large U.S. Credit Card Banks, 1986-2008 and 
All FDIC-Insured Commercial Banks, 1988-2008: 

[Refer to PDF for image: multiple line graph] 

Year: 1986; 
Large U.S credit card banks: 3.45%. 

Year: 1987; 
Large U.S credit card banks: 3.33%. 

Year: 1988; 
Large U.S credit card banks: 2.78%; 
All FDIC-insured commercial banks: 0.82%. 

Year: 1989; 
Large U.S credit card banks: 2.83%; 
All FDIC-insured commercial banks: 0.49%. 

Year: 1990; 
Large U.S credit card banks: 3.1; 
All FDIC-insured commercial banks: 0.48%. 

Year: 1991; 
Large U.S credit card banks: 2.57%; 
All FDIC-insured commercial banks: 0.53%. 

Year: 1992; 
Large U.S credit card banks: 3.13%; 
All FDIC-insured commercial banks: 0.93%. 

Year: 1993; 
Large U.S credit card banks: 4.06%; 
All FDIC-insured commercial banks: 1.2%. 

Year: 1994; 
Large U.S credit card banks: 3.98%; 
All FDIC-insured commercial banks: 1.15%. 

Year: 1995; 
Large U.S credit card banks: 2.71%; 
All FDIC-insured commercial banks: 1.17%. 

Year: 1996; 
Large U.S credit card banks: 2.14%; 
All FDIC-insured commercial banks: 1.19%. 

Year: 1997; 
Large U.S credit card banks: 2.13%; 
All FDIC-insured commercial banks: 1.23%. 

Year: 1998; 
Large U.S credit card banks: 2.87%; 
All FDIC-insured commercial banks: 1.19%. 

Year: 1999; 
Large U.S credit card banks: 3.34%; 
All FDIC-insured commercial banks: 1.31%. 

Year: 2000; 
Large U.S credit card banks: 3.14%; 
All FDIC-insured commercial banks: 1.19%. 

Year: 2001; 
Large U.S credit card banks: 3.24%; 
All FDIC-insured commercial banks: 1.16%. 

Year: 2002; 
Large U.S credit card banks: 3.28%; 
All FDIC-insured commercial banks: 1.32%. 

Year: 2003; 
Large U.S credit card banks: 3.66%; 
All FDIC-insured commercial banks: 1.4%. 

Year: 2004; 
Large U.S credit card banks: 3.55%; 
All FDIC-insured commercial banks: 1.3%. 

Year: 2005; 
Large U.S credit card banks: 2.85%; 
All FDIC-insured commercial banks: 1.3%. 

Year: 2006; 
Large U.S credit card banks: 3.34%; 
All FDIC-insured commercial banks: 1.33%. 

Year: 2007; 
Large U.S credit card banks: 2.75%; 
All FDIC-insured commercial banks: 0.93%. 

Year: 2008; 
Large U.S credit card banks: 1.43%; 
All FDIC-insured commercial banks: 0.16%. 

Sources: Federal Reserve analysis from Banks' Reports of Condition and 
Income, 1986-2008, Report to Congress on the Profitability of Credit 
Card Operations of Depository Institutions; GAO analysis of FDIC 
Quarterly Banking Profile Data, 1988-2008. 

Note: Federal Reserve defines credit card banks as the bulk of their 
assets are individual loans and 90 percent or more of their consumer 
lending involves credit cards or related plans. 

[End of figure] 

While Competition among Issuers Has Increased Benefits and Lowered 
Costs for Some Cardholders, Other Consumers May Be Negatively Affected 
by Increased Card Use: 

Some consumers have benefited from competition in the credit card 
market, as those using credit cards enjoy lower fees and interest rates 
and greater rewards. Benefits to cardholders vary depending on how they 
use their cards; those with credit card debt accrue finance charges and 
may pay additional fees. However, consumers who do not use credit cards 
may be made worse off by paying higher prices for goods and services, 
as merchants pass on their increasing card acceptance costs to their 
customers. 

Cardholders Benefit from Rewards as Credit Card Issuers Compete for 
Their Business: 

Although most cards in the United States are issued by the largest 
issuers, consumers have a wide variety of issuers and cards to choose 
from. According to the Federal Reserve, over 6,000 depository 
institutions issue credit cards. These issuers range from some of the 
very largest financial institutions--such as Bank of America and 
Citigroup--to credit unions and community banks that range in size and 
can be small. While there are estimated to be thousands of credit 
unions and community banks that issue cards, the 10 largest issuers 
account for about 92 percent of all outstanding credit card debt. 

Given the large number of issuers and widespread use of credit cards by 
consumers, issuers compete to obtain new customers and retain existing 
ones. According to the Survey of Consumer Finances, in 2007, 73 percent 
of U.S. families had a least one credit card. Issuers typically use 
mail solicitations to market their card products--mailing 3.8 billion 
solicitations in 2008--but representatives from one large issuer we 
spoke with told us that they can also advertise online and at their 
branch locations.[Footnote 33] Issuers target their marketing efforts 
depending on cardholders' payment and use patterns. Cardholders paying 
their balance in full each month (convenience users) and high-volume 
card users may be drawn to cards that offer rewards programs, while 
those cardholders carrying a balance may be more likely to choose a 
card that offers a low interest rate. 

As competition for cardholders has intensified, issuers increasingly 
have turned to rewards programs to attract and retain cardholders. As 
discussed earlier, these programs are funded in part by interchange fee 
revenues. According to an industry study, 71 percent of cardholders 
held a rewards card in 2008.[Footnote 34] Representatives of all of the 
large issuers with whom we spoke told us rewards cards represent a 
significant portion of the cards they offer and are designed with 
incentives to increase their use by cardholders. One issuer's staff 
told us that all of their bank's traditional credit cards that are in 
active status have a rewards component and they believe that rewards 
programs help them to build customer loyalty and to retain existing 
cardholders. A representative of another large issuer stated that about 
51 percent of its cardholders have rewards cards, representing about 81 
percent of total volume for the issuer, and a representative of another 
issuer reported that approximately 50 percent of its cards earn points 
that can be redeemed for rewards or other benefits. Visa and MasterCard 
also now allow issuing institutions to upgrade cardholders with basic 
cards to those with rewards without reissuing the card. 

Competition among issuers also can lower many cardholders' credit card 
costs. For example, issuers compete with one another by offering cards 
with low interest rates. Representatives from one of the large issuers 
with whom we spoke stated that they typically offer these types of 
benefits to appeal to cardholders. For example, many issuers offer low 
temporary rates to transfer existing card balances to a new account. In 
2006, we reported that many issuers attempted to obtain new cardholders 
by offering low, even zero, introductory interest rates for limited 
periods.[Footnote 35] According to an issuer representative and 
industry analyst we interviewed at that time, low introductory interest 
rates were necessary to attract cardholders in a competitive 
environment in which most consumers who qualify for a credit card 
already have at least one. In addition to offering low interest rates, 
issuers compete by offering cards that have no annual fees and low fees 
for other actions associated with usage. These lower rates and fees can 
decrease the cost of using credit cards for some cardholders. 

However, in recent months, changes in the economy and the passage of 
the CARD Act have led many issuers to "reprice" their credit card 
accounts by altering the rates, fees, and other terms that apply to 
cardholders' cards. For example, increasing numbers of consumers have 
been falling behind on their credit card payments. In the first quarter 
of 2009, the 30-day credit card delinquency rate reached its highest 
rate--6.6 percent--in 18 years. Provisions in the CARD Act--most of 
which will take effect in February 2010--limit the ability of card 
issuers to increase the interest rates, fees, or finance charges on 
outstanding balances to the conditions set forth in the act.[Footnote 
36] According to an industry publication, in anticipation of the law 
taking effect, some issuers have increased the interest rates they 
charge on consumer purchases as well as some of the fees associated 
with card usage, such as balance transfer fees. According to Federal 
Reserve data, interest rates on consumer credit card accounts have been 
increasing steadily each quarter since the second quarter of 2008, when 
rates were 11.88 percent.[Footnote 37] Since that time, rates have 
increased to 13.32 percent in the second quarter of 2009.[Footnote 38] 

Increased Use of Credit Cards May Not Benefit All Consumers: 

Increased merchant costs for card transactions may lead to higher 
prices for noncardholding consumers. As discussed earlier, merchants 
have faced increased costs from accepting credit cards in recent years, 
in part because of the increasing number of customers using credit 
cards and in part because of the increase in average interchange fees, 
particularly from higher-fee rewards cards. Representatives of 
merchants we interviewed told us that they generally passed any 
increased costs--including the costs of accepting credit cards--on to 
their consumers through higher retail prices. Thus, all their customers 
may be paying higher prices for goods and services, whether using a 
credit card or not. 

Economists disagree whether the increased use of rewards cards further 
increases costs for merchants. Some researchers state that the 
increased use of rewards cards, which have higher interchange fees, 
increase costs for merchants, as their customers switch from paying 
with cash, check, and basic credit cards to using rewards cards. As a 
result all customers, including cash and check users, may pay higher 
prices for goods and services. In addition, some economists have stated 
that because rewards cardholders do not pay for rewards cards directly, 
they use their rewards cards more for transactions than if their cards 
included explicit costs. For example, one study in which consumer 
survey data were used found that cardholders with rewards cards were 
more likely to use their cards exclusively than cardholders without 
rewards cards.[Footnote 39] 

However, the extent to which merchants increase retail prices to 
account for the costs associated with accepting cards is difficult to 
measure. Some researchers argue that consumers--even those paying cash 
or by check--may still be better off because of widespread card use. 
While merchants may pay more out of pocket to accept credit cards than 
they do for other forms of payment, credit cards also provide 
significant benefits to merchants, such as lower labor and processing 
costs and increased sales. For example, one of these researchers has 
theorized that the benefits of increased credit card use may lower 
merchants' costs, which in turn would allow them to sell their goods 
and services more cheaply[Footnote 40].: 

Although Accepting Credit Cards Provides Benefits, Merchants Report 
Card Costs Are Increasing Faster and Their Ability to Negotiate or 
Lower These Costs Is Limited: 

Merchants can receive a wide range of benefits from accepting credit 
cards, and some merchants we interviewed reported receiving increased 
sales from credit cards. However, representatives of the large 
merchants with whom we spoke with said that their increased payment 
costs had not led to a corresponding increase in sales, particularly 
for cards with higher interchange fees such as rewards cards. In 
addition, these merchants reported that their ability to negotiate 
lower payment costs was limited by their inability to refuse popular 
network cards as well as network rules for card acceptance, which, 
among other things, preclude merchants from adding surcharges for 
credit card payments or rejecting higher-cost cards. Finally, although 
interchange fees are not regulated at the federal level in the United 
States, concerns regarding card costs have prompted DOJ investigations 
and private lawsuits, and authorities in more than 30 countries have 
taken or are considering taking actions to address such fees and other 
card network practices. 

Merchants Reported Benefits from Credit Card Acceptance Include 
Increased Sales, Faster Payments, and Lower Labor Costs: 

Merchants can receive a variety of benefits--primarily, increased 
sales--from accepting credit card payments. Increased sales can occur 
for several reasons. First, a customer without sufficient cash can make 
a purchase immediately using a credit card, resulting in a sale that 
the merchant otherwise would not have made. In addition, some research 
has shown that, when not paying with cash, some customers may purchase 
more than they would have otherwise.[Footnote 41] These researchers say 
the additional spending occurs because paying with a card can feel less 
like true spending to some consumers than paying with cash. 
Representatives of card networks and issuers also report that consumers 
with rewards cards spend more because they factor in the price of the 
rewards they receive from their issuing institution, which also results 
in greater sales than the merchants would otherwise have made. One 
researcher noted that the amount of additional sales merchants receive 
from accepting credit cards can be greater for certain businesses. 
Customers more commonly use credit cards for large purchases and for 
purchases that they might not be able to pay off right away. Several of 
the merchants we interviewed have seen some evidence that accepting 
credit cards has increased their sales. For example, representatives 
from a national discount store and a small home improvement store told 
us that customers paying with credit cards spent more than customers 
paying with cash or debit cards. A dentist told us that his patients 
spent more on procedures because of the credit that their cards 
provided. 

Representatives of the card networks also told us that they also are 
able to increase merchant sales by providing merchants with customer 
information to enhance their marketing efforts. For example, 
representatives from one card network told us that they have specific 
staff tasked with organizing marketing campaigns targeted to particular 
merchants to increase the sales these merchants make from this 
network's cardholders. For example, if cardholders purchased particular 
items, their next billing statement would include offers for additional 
discounts on future purchases at specific merchants that accept their 
card that also sell such items. The networks reported that through 
their respective databases, they help merchants identify and better 
understand their prospective, current, and lapsed customers and employ 
a variety of niche marketing approaches that ultimately serve to 
increase sales. 

Accepting credit cards also allows merchants to make sales on credit at 
a generally lower cost than operating their own credit program. As 
noted previously, individual merchants originally offered credit cards 
that could be used only at their stores, but many such merchant 
programs have been discontinued now that cards issued by third parties-
-banks, credit unions, and thrifts--are available. Card network and 
issuer staff told us that credit cards allow merchants to obtain sales 
from customers that want to finance their purchases over time without 
the merchants having to incur the costs involved with offering credit. 
For example, they said merchants avoid the costs of credit losses, debt 
collection, credit quality assessment, card production, and statement 
preparation. 

Credit card acceptance benefits merchants in other ways. For example, 
merchants can receive faster and more certain payment from customers 
using cards than from customers using other means, such as checks. 
Receiving the funds from a check can take as long as 5 days, but 
merchants can receive the proceeds from card payments from their 
acquiring institution in 1 or 2 calendar days[Footnote 42]. For 
example, the dentist we interviewed told us that his credit card 
payments are credited to his bank account the day they are processed, 
providing him almost immediate access to the funds. A small flower shop 
owner told us that she receives faster payments by credit card than 
from customers to whom she extends credit by sending a bill. Several of 
the merchant and banking organizations we interviewed also cited the 
certainty of credit card payments as a benefit to merchants. For 
example, the home improvement merchant noted that she preferred being 
paid by credit card to receiving bad checks. Similarly, a sports club 
owner reported that he prefers the guaranteed payment associated with 
accepting credit cards to the risks associated with accepting checks. 
Staff of an association that represents credit unions noted merchants 
that accept cards have less cash to handle and less risk of employee 
theft. Staff from a banking association noted that card acceptance 
reduces the need for merchants to make physical deposits, since card 
payments are settled directly with their financial institution. 
Economists have also documented the benefits of guaranteed payments to 
merchants.[Footnote 43] 

Card acceptance also can reduce the time merchants' customers spend at 
checkout and can reduce labor costs. For example, representatives of 
one large merchant told us that their analyses indicated that 
processing a check payment takes them an average of 70 seconds, 
processing a cash payment averages 51 seconds, and a credit card 
payment 32 seconds. Staff from card networks and card issuers told us 
that the efficiency of card payments has allowed merchants to reduce 
their staffing, thus saving on labor costs. For example, they noted 
that credit card customers at gas stations and other retail stores 
often can pay for purchases without necessarily interacting with an 
employee. 

Large Merchants Report Rising Use of Rewards Cards Leads to Costs That 
Are Not Commensurate with Benefits: 

Despite the benefits of payment card acceptance, representatives of 
several of the large merchants we interviewed reported that their costs 
of card acceptance have increased disproportionately in comparison with 
benefits, in large part because of increasing card use. Several of the 
large merchants we interviewed reported that as a percentage of sales, 
payment cards are more expensive to process than cash and checks, a 
fact they explained reflects the technological advances in check 
processing as well as a competitive market for check-processing 
services. They also reported that even allowing for the operational and 
administrative costs associated with processing cash (such as armored 
cars and losses by theft), credit card interchange fees result in 
credit card payments being more expensive for them overall. For 
example, staff from one large retail chain told us that for a $100 
transaction, a credit card payment generally cost the company about 14 
times as much to accept as cash. Other merchants reported that 
transaction costs for credit cards were two to four times more than 
their transaction costs for cash. Representatives from large national 
merchants also provided us with data showing that sales made with cash 
and checks have decreased in recent years, while sales made with credit 
cards--particularly those using high-interchange fee cards--have 
increased. 

Although credit cards are supposed to generate increased sales for 
merchants in exchange for their acceptance costs, representatives of 
large merchants we interviewed told us that their card acceptance costs 
had increased faster than their sales. For example, a large home 
improvement retailer told us that although cards may have increased its 
sales in the past, this has not been occurring recently. According to 
its own analysis, the total cost the company has paid to accept 
MasterCard, Visa, American Express, and Discover cards combined 
increased by 16 percent from 2002 through 2008; however, sales for 
those same cards increased by only 10 percent during this period. 
Representatives of this merchant also told us that they had calculated 
that for every additional 1 percent their company has paid in card 
acceptance fees and costs, it has received 0.63 percent in additional 
sales. An official representing a large convenience store chain said 
that although he believes that a decade ago people may have spent more 
with credit cards than with cash or check because of the availability 
of credit, he no longer thinks that is true. 

Several of the large merchants that we interviewed attributed their 
rising card acceptance costs to customers' increased use of rewards 
cards. Staff from these merchants all expressed concerns that the 
increasing use of rewards cards was increasing merchants' costs without 
providing commensurate benefits. For example, one large merchant 
provided us with data on its overall sales and its card acceptance 
costs. Our analysis of these data indicated that from 2005 to June 
2009, this merchant's sales had increased 23 percent, but its card 
acceptance costs rose 31 percent. Rewards cards were presented as 
payment for less than 1 percent of its total sales volume in 2005 but 
accounted for almost 28 percent of its sales volume by June 2009. 
During this same period, sales processed on nonrewards cards fell by 43 
percent. Several of the other large merchants we interviewed provided 
data that showed that the proportion of rewards cards presented as 
payment by their customers also had risen significantly in recent 
years. For example, representatives from one merchant said about 70 
percent of payments on one network's cards transferred to rewards cards 
over the past 5 years, representing an increase in rewards cards use of 
385 percent since rewards cards were introduced. 

Further, several of the large merchants also told us that they do not 
always see correspondingly increased sales from rewards cards compared 
with other cards. For example, one large merchant provided us with data 
on its average purchase (ticket) size by payment means. According to 
our analysis of these data, in July 2005 the average ticket size for 
rewards cards transactions was around $203, but the average ticket size 
for nonrewards transactions was about $184--the average rewards card 
purchase exceeded a nonrewards purchase by $19, or about 10 percent, 
that month. However, during the 47 months from July 2005 through May 
2009 for which data were available, the average ticket size for Visa 
rewards cards was lower than for nonrewards Visa transactions in 9 
months--or about 19 percent of the time. 

Although representatives from the card networks and issuers provided us 
with data indicating that rewards cardholders spent more than 
nonrewards cardholders, their analysis did not demonstrate that rewards 
cardholders spent more than they would have with other tender types, 
producing increased sales for merchants. The largest networks and 
issuers we interviewed provided data showing the total amount of 
spending by their rewards cardholders exceeded that of their nonrewards 
cardholders. One card network provided us with data that showed that 
according to its analyses, its three levels of rewards cards had higher 
average ticket amounts than its basic cards by over $4, almost $12, and 
over $26 for the highest level of rewards. However, other factors 
suggest that attributing increased sales to card use for merchants is 
difficult. For example, rewards cards generally have been offered to 
higher-income cardholders. Such cardholders might spend more than the 
average cardholder generally. Thus higher total spending on rewards 
cards by individual cardholders or increased ticket sizes for such 
cards may reflect only that those cardholders spend more in general, 
and not represent additional sales that a merchant otherwise would not 
have received. Similarly, higher total spending on rewards cards 
compared with spending on nonrewards cards could reflect that rewards 
cardholders tend to consolidate their spending on fewer cards-- 
sometimes onto a single card--in order to maximize their ability to 
earn rewards. As a result, such cardholders may not be spending more 
overall but just limiting their payment methods. Furthermore, merchants 
may initiate other programs to increase sales. For example, 
representatives from a large national retailer told us that when the 
company started accepting credit cards, sales did increase, but they 
attributed this increase to the simultaneous introduction of promotions 
for their new products, and they did not feel that credit card 
acceptance added any proven incremental sales volume. This spending 
also may not represent additional sales to merchants. For example, some 
merchant officials and others told us that cardholders can buy only so 
much gas; they questioned whether cards actually increased gas station 
sales overall. Similarly, payments for certain other goods or services, 
such as taxes or business permits, are not likely to result in 
increased sales. 

In addition, some of the large retailers and merchant trade 
associations told us that one of the reported benefits of credit card 
acceptance--guaranteed payment--was not always provided to merchants. 
These representatives also noted that merchants received significant 
amounts of chargebacks--in which the card issuer subtracted amounts 
previously credited to the merchant. Such chargebacks can occur either 
because of fraud or when the customer alleges that the goods were not 
as described or were never received. However, some of the merchants 
noted that researching such instances to have the charged amount 
reinstated is a labor-intensive process. As a result, some told us they 
had established minimum amounts under which they would not attempt to 
research and justify a charge. According to data provided by one large 
issuer, chargebacks as a percentage of sales on one network's cards 
ranged from 0.1 percent to 0.2 percent from December 2006 through June 
2009.[Footnote 44] 

Merchants also reported bearing costs for fraud detection and 
prevention--another reported benefit of credit card acceptance. For 
example, the increased prevalence of computer hacking incidents in 
which criminals obtained unauthorized access to cardholder data 
prompted the card industry to develop the Payment Card Industry Data 
Security Standard.[Footnote 45] According to merchants, the card 
networks have also mandated compliance with these standards, and 
merchants that fail to meet them are subject to higher interchange fees 
and fines of $25,000 or more. Although merchant officials acknowledged 
that such standards are necessary, they noted that they have had to 
incur significant expenses to comply with them. For example, 
representatives from one large merchant told us their company spent 
around $20 million initially to become compliant with these data 
security standards and has had to spend about $4 million annually to 
maintain that certification. Officials from another large retailer said 
their company also has spent millions of dollars becoming compliant 
with these standards. However, they said that their company has 
advocated increased data security for years, but noted that instead of 
just increasing costs for merchants to secure card information, the 
card networks should be developing payment types that are more secure. 
For example, several merchants we interviewed noted that other 
countries are moving away from cards that store sensitive data on 
magnetic stripes on the cards, which can be duplicated by criminals to 
create counterfeit cards, and instead are implementing cards that 
require the user to enter a PIN, which merchant representatives told us 
is more secure. 

The small merchants we interviewed generally had mixed views about 
interchange fees and the overall cost of card acceptance. Some 
merchants, such as the owners of a private golf course and a flower 
shop, respectively, chose not to spend as much time examining their 
payment costs because the costs had remained either relatively constant 
or had not risen significantly in recent years. Finally, a few 
merchants noted they considered these fees as simply part of the cost 
of doing business. 

Although Able to Negotiate to Lower Some of Their Card-Processing 
Costs, Merchants Reported Limited Ability to Negotiate Lower 
Interchange Fees: 

Increased competition for acquiring services provides merchants with 
considerable choice and opportunities to negotiate and lower some of 
their card acceptance costs. As noted previously, the merchant discount 
fee that merchants pay to acquiring institutions has two components: 
the interchange fee--which represents the bulk of the total discount 
fee--and the processing costs. Hundreds of financial institutions and 
other firms compete as acquirers to provide card-processing services. 
Staff from merchants, issuers, and card networks told us that the 
acquiring market is competitive. According to a 2007 report published 
by the Federal Reserve Bank of Philadelphia, approximately 1.4 million 
merchants change acquiring institutions each year.[Footnote 46] This 
report stated that this is the result of the merchants seeking lower 
prices for acquiring services and better services. According to 
acquirers and merchants we interviewed, acquirers provide customized 
acquiring services based on processing volume. Acquirers attract new 
merchant clients by pricing their services competitively and offering a 
variety of services to meet merchants' needs. 

Merchants Reported Acquirers Competed for Their Business and Ability to 
Decrease Acquiring Fees: 

The competition among acquirers gives merchants the opportunity to 
choose among competing acquirers and negotiate lower costs. Merchants 
of varying sizes that we interviewed reported that they have multiple 
acquiring institutions and processors competing for their business and 
have been able to successfully decrease the acquiring fee portion of 
their merchant discount fees in recent years. For example, several 
large merchants told us they periodically issue requests for proposal 
soliciting bids for acquiring services and receive several responses. 
However, some of the largest merchants told us their choice of firms 
that can provide them with adequate cost-processing services is 
generally limited to only some of the largest providers of acquiring 
services. 

Small merchants may choose among numerous firms for processing 
services, including their own financial institutions. Eight of the nine 
small merchants we interviewed reported getting solicitations--some 
frequently--for their acquiring business or have shopped their 
acquiring business. Several of the small merchants with which we spoke 
used third-party processors for electronic payments. Merchants formed 
these business relationships with acquirers and processors through 
their own research, through agreements with their financial 
institutions, and through direct solicitations. Also, small merchants 
can find competitive providers on the Internet; for example, a 
warehouse store partners with a third-party processor to provide this 
service to small merchants. 

Merchants Report Limited Ability to Negotiate with Networks to Lower 
Majority of Card Acceptance Costs: 

Although merchants have reported success in negotiating their acquiring 
costs, several of the merchants we interviewed told us that their 
ability to lower their interchange fee costs was limited. These 
merchants told us they generally paid the rates listed in the Visa and 
MasterCard networks' default interchange fee schedules. Although the 
ability to refuse to accept Visa and MasterCard should provide 
merchants with the leverage to negotiate lower interchange fees, 
merchants reported that they could not refuse to take such cards 
because of customer demand. For example, several merchants told us that 
if they did not accept credit cards from Visa or MasterCard, their 
sales would decrease and they would lose business to competitors that 
did accept those cards. 

Merchants told us that without the ability to refuse to take the two 
largest networks' cards, their attempts to negotiate lower fees for 
these networks' cards generally have not been successful in obtaining 
meaningful reductions in their interchange fees. According to staff 
from Visa and MasterCard, their networks are willing to negotiate with 
merchants. For example, officials from one network told us that their 
network has negotiated with merchants with sales that represent 26 
percent of its overall processing volume. Only one of the large 
merchants we interviewed told us that the company had received a 
limited and temporary reduction in its interchange fee costs as a 
result of negotiations with Visa or MasterCard following the settlement 
of a lawsuit.[Footnote 47] Two of the merchants we interviewed told us 
that they could receive reductions in interchange fee rates on one 
network's card if they did not accept another network's card. Other 
merchants told us that such negotiations were difficult for their 
businesses, because they had limited control over which type of credit 
card a customer would choose to use for a purchase. 

Merchants we interviewed told us that other opportunities that Visa, 
MasterCard, and their issuers offered to merchants to reduce 
interchange fees generally have had limited success. For instance, 
merchants can create a co-branded card. In exchange for promoting the 
co-branded card, the merchant could receive compensation from the 
issuer or network or reduced interchange fees. However, merchants we 
interviewed told us that they have had limited success with co-branding 
because they had difficulty encouraging their own customers to switch 
to these cards. For example, representatives from several grocery store 
chains said that they have had difficulty getting customers with six to 
eight credit cards in their wallet to add an additional one for sales 
in their stores. They said that they would have to offer customers 
rewards to compete for purchase volume with the other cards. In 
addition, an owner of a convenience store chain started offering a co- 
branded card in 2002. He said that his stores issued a total of 2,500 
cards in 7 years although the issuing financial institution anticipated 
that the convenience store would issue 10,000 cards annually; he told 
us that the rebates these cards offered--a 2-percent rebate at their 
stores, 1 percent on purchases elsewhere--were not competitive to his 
customers. Similarly, officials from a large national retailer told us 
that less than 1 percent of their sales were on their co-branded card. 
Smaller merchants we interviewed generally did not have relationships 
with issuers and networks. Representatives of issuers told us that the 
fact that merchants chose to enter into co-branded relationships was 
evidence that merchants receive greater sales and value from these 
programs. 

In contrast to Visa and MasterCard, American Express and Discover 
generally act as their own acquirers and negotiate directly with the 
merchants accepting their cards. For example, representatives from 
American Express told us they negotiate a merchant discount rate 
directly with merchants for 1 to 5 year terms. While technically each 
merchant has a separate contract and rate, American Express officials 
noted that for many types of merchants, a standardized rate applies 
depending on transaction volume, with higher-volume merchants likely to 
pay less. The Discover card network conducts direct negotiations with 
large merchants and sets the merchant discount rates based upon these 
negotiations rather than publishing a schedule. Both the networks also 
use third-party acquirers that negotiate with the smaller merchants on 
behalf of their networks. As discussed previously, these networks have 
a lower market share than Visa and MasterCard, so merchants have 
greater ability to refuse to take such cards and a greater ability to 
negotiate costs and terms. Representatives of two of the grocery store 
owners we interviewed said that they had greater success in negotiating 
with American Express and Discover because these networks had lower 
market share and were trying to gain wider acceptance. 

Merchants View Network Rules as Further Limiting Their Ability to 
Negotiate Payment Costs: 

Another factor that limits the leverage that merchants have to 
negotiate lower interchange fees are the card network rules. Each of 
the major card networks--Visa, MasterCard, American Express, and 
Discover--has various card acceptance rules that limit the options that 
merchants have for accepting or denying cards.[Footnote 48] These rules 
include the following: 

* No surcharges: Merchants may not impose a surcharge on consumers for 
the use of credit cards or cards with higher interchange fees. 

* Honor all cards: Merchants are required to accept all credit cards 
within a network's brand. 

* No discrimination/differentiation: Merchants may not differentiate 
between cards within a network or discourage the use of cards within a 
network. 

* No minimum or maximum charges: Merchants may not impose a price floor 
or price ceiling on credit card transactions. 

* Preferred treatment: Merchants may not direct consumers away from or 
to a certain network's cards. 

Merchants, some academic researchers, and merchant representatives 
argue that these rules constrain merchants' ability to limit the costs 
of credit card acceptance. For example, without the ability to 
surcharge for credit cards generally, for a particular network's cards, 
or for higher interchange fee cards, merchants are unable to steer 
customers toward lower-cost forms of payment or recoup some of their 
costs for higher-cost cards. In addition, without the ability to 
influence customers' payment choices, merchants are unable to use their 
influence with the networks to encourage them to lower interchange and 
other fees in general, or offer more lower-fee cards. Merchants also 
told us that the rule requiring them to accept all cards from a network 
means that they are forced to accept higher-cost cards. Some of the 
merchants with which we spoke told us that the inability to set minimum 
credit card purchase amounts meant that they sometimes incurred card- 
processing costs that made some sales uneconomical. For example, one 
merchant told us that when a customer pays for a small item, such as a 
newspaper or a pack of gum, with a rewards card, the costs to process 
the transaction could exceed profit on the item. The rules provide 
cardholders with the ability to use any card at any accepting merchant. 
However, cardholders may not realize that different cards can affect 
merchant costs to different degrees because merchants cannot take 
actions that either limit cardholders' ability to use certain cards or 
otherwise differentiate among cards. 

Representatives of issuers and card networks told us that the network 
rules are designed to promote the wide acceptance of their cards and 
ensure that their cardholders have a positive experience with the card. 
For example, they told us that the "honor all cards" rule ensures that 
merchants will accept all cards from a particular network brand, which 
ensures that even the cards from smaller, lesser-known issuers such as 
credit unions and small banks are accepted. Issuers and card network 
representatives also told us that surcharges are illegal in some states 
and would diminish cardholders' expectations for the use of their card. 
[Footnote 49] They said that such prohibitions were intended to 
eliminate bait-and-switch tactics, in which merchants would advertise a 
low price, only to increase it at the point of sale if the customer 
used a credit card. 

Although the United States Does Not Regulate Interchange Fees, Card 
Cost Concerns Have Prompted Investigations, Lawsuits, and Actions in 
Other Countries: 

Interchange fees are not regulated at the federal level in the United 
States. The Federal Reserve, under TILA, is responsible for 
implementing requirements relating to the disclosure of terms and 
conditions of consumer credit, including those applicable to credit 
card fees.[Footnote 50] The various depository institution regulators--
Federal Reserve, OCC, FDIC, Office of Thrift Supervision, and National 
Credit Union Administration--conduct examinations that can address how 
banks, thrifts, and credit unions that issue credit cards are complying 
with the TILA card disclosure requirements.[Footnote 51] However, 
Federal Reserve staff told us that because interchange fees are paid by 
merchants' financial institutions and not directly assessed to 
consumers, such fees are not required to be disclosed to consumers. 
Staff from some of the banking regulators told us that they do not 
review the level at which interchange fees are set during their 
examinations, but instead review interchange fees as a revenue source 
for the institutions or the effect they may have on the financial 
stability of the issuer. Additionally, through the Federal Financial 
Institutions Examinations Council, the regulators also conduct annual 
examinations of the card networks to ensure that these entities are 
adequately managing the operational risks involved with card processing 
to ensure that such operations are conducted so as to reduce the 
potential for them to create financial problems for their institutions. 
Such examinations are done as a part of a program to review the 
activities of vendors or processors that provide services to depository 
institutions. Regulator staff told us that their oversight does not 
involve assessing how the networks set interchange fees. 

Although no U.S. entity specifically regulates credit card interchange 
fees, card networks' practices can be subject to regulatory action by 
authorities responsible for enforcing competition laws. In the United 
States, DOJ and FTC have jurisdiction over credit card networks and 
issuers as part of enforcing U.S. antitrust laws or the Federal Trade 
Commission Act. As a result, DOJ and FTC can investigate if the 
imposition of interchange fees or other network or issuer practice 
constitutes an anticompetitive or unfair business practice prohibited 
by these laws. 

The card networks' practices, including interchange fees, have been the 
subject of past and current investigations under these laws. As 
discussed previously, in 1998, DOJ sued Visa and MasterCard for alleged 
antitrust violations regarding, among other things, how these networks' 
rules in effect prevented issuers from issuing cards on their 
competitors' networks.[Footnote 52] The court found that Visa's and 
MasterCard's "exclusionary rules," which prohibited member institutions 
from issuing cards by Discover and American Express, were a substantial 
restraint on competition in violation of the Sherman Act. Although the 
networks' imposition of interchange fees was specifically not the 
subject of the DOJ action, the trial court concluded that Visa and 
MasterCard had market power in the market for network services, citing 
large market shares in a highly concentrated market.[Footnote 53] DOJ 
officials reported that they currently have another investigation under 
way in which they have been reviewing whether some of the networks' 
rules are anticompetitive. As discussed earlier, these rules include 
those that prevent merchants from steering customers to other forms of 
payment, levying surcharges for card transactions, or discriminating 
against cards by type. DOJ staff told us they have requested 
information from American Express, Discover, MasterCard, and Visa as 
part of this investigation. They were not able to provide an estimate 
for when any formal action resulting from the investigation might 
occur. 

Interchange fees and other card network practices also have been the 
subject of private lawsuits. Since the mid-1980s, various lawsuits 
alleging problems with interchange fees and other card network 
practices have been litigated, as described in table 3.[Footnote 54] As 
of September 2009, a class action was pending in the United States 
District Court for the Eastern District of New York, in which merchants 
claim that interchange fees have an anticompetitive effect that 
violates the federal antitrust laws. This case is a consolidation of at 
least 14 separate lawsuits against Visa and MasterCard and their member 
institutions that had been in four separate districts.[Footnote 55] 

Table 3: Litigation Involving Card Network Practices: 

Date: Mid-1980s; 
Issues involved in litigation: NaBanco-a third-party credit card 
processor--alleged that interchange fees constituted unlawful price 
fixing and had an anticompetitive effect[A]; 
Outcome: The court ruled that NaBanco failed to prove that the 
interchange fee at issue was an unlawful restraint of trade. 

Date: 1993; 
Issues involved in litigation: In re Visa Check/Mastermoney Antitrust 
Litigation (Wal-Mart case)-Visa and MasterCard rules requiring 
merchants to accept debit cards as a condition of accepting credit 
cards were challenged by merchants as unlawful tying and devices to 
impose anticompetitive interchange fees[B]; 
Outcome: The case was settled in December 2003. 

Date: 1998; 
Issues involved in litigation: DOJ case-Action included claim that Visa 
and MasterCard violated the Sherman Antitrust Act by enforcing their 
respective versions of a rule barring their member institutions from 
issuing American Express or Discover cards[C]; 
Outcome: The court found Visa's and MasterCard's exclusivity rules were 
a restraint on competition in violation of the Sherman Act. 

Date: 2008; 
Issues involved in litigation: Kendall Decision--Merchants alleged that 
the defendants (Visa, MasterCard, Bank of America, Wells Fargo Bank, 
and U.S. Bank) conspired to set merchant discount fees and interchange 
fees in violation of Section 1 of the Sherman Act and Section 16 of the 
Clayton Act[D]; 
Outcome: The claim was dismissed because it failed to allege facts 
sufficient to establish a conspiracy. 

Sources: 

[A] National Bancard Corp. v. Visa U.S.A., Inc. 596 F. Supp. 1231 (S.D. 
Fla. 1984), aff'd, 779 F.2d 592 (11th Cir. 1986). 

[B] In re Visa Check/Mastermoney Antitrust Litig., 396 F.3d 96 (2d Cir. 
2005), aff'g 297 F. Supp. 2d 503 (E.D.N.Y., 2003). 

[C] United States v. Visa U.S.A., Inc., 344 F.3d 229 (2d Cir. 2003), 
aff'g, 163 F . Supp. 2d . 322 (S.D.N.Y. 2001), Cert. Denied, 543 U.S. 
811 (2004). 

[D] Kendall v. Visa U.S.A., Inc., 518 F.3d 1042 (9th Cir. 2008), aff'g 
2005 U.S. Dist. LEXIS 21450 (N.D. Cal., July 25, 2005). 

[End of table] 

While interchange fees are not regulated in the United States, as of 
September 2009, more than 30 countries have acted or are considering 
acting to address competition or card cost concerns involving payment 
cards.[Footnote 56] Some actions taken by these countries include the 
following: 

* regulating relationships between merchants and issuers and card 
networks, such as prohibiting card networks from imposing certain rules 
on merchants; 

* establishing maximum interchange fees or capping average interchange 
fees; 

* allowing more institutions to enter the credit card market by 
changing the requirements to allow more institutions to qualify to act 
as issuers or acquirers; and: 

* conducting investigations into the functioning of the payment card 
market, including legal antitrust proceedings. 

For example, authorities in Australia have taken various actions 
regarding credit card interchange fees and other card network practices 
since 2003 (see sidebar). In recent years, the European Commission has 
undertaken proceedings against card networks and set caps on cross- 
border interchange fees--those applying to card transactions in which a 
card issued in one country is used to make a purchase in another 
country--that affect transactions occurring in 31 European countries. 
[Footnote 57] In 2007, the New Zealand Commerce Commission initiated 
proceedings against Visa and MasterCard and issuers of their cards that 
alleged price-fixing in the setting of fees. This resulted in an August 
2009 settlement that included various actions affecting Visa cards, 
including directing acquirers and issuers to bilaterally negotiate 
interchange fees instead of having the network set them, removing that 
network's "no surcharge" rule and "no steering" rules, and allowing 
nonbank organizations to participate in the market as issuers or 
acquirers. Other countries are considering taking actions. For example, 
in June 2009, Canada's Standing Committee on Banking, Trade and 
Commerce reported the results of an investigation into this market, and 
recommended a number of actions, including permitting merchants to 
surcharge and steer customers toward low-cost payment methods, 
requiring merchants to disclose interchange fees to consumers, and 
prohibiting card networks' "honor all cards" rules. 

[Sidebar: History of Credit Interchange Fee Reform in Australia: 
After a government study reported that interchange fees were above 
levels that could be justified, the Reserve Bank of Australia (RBA) 
took various actions, beginning with capping the average interchange 
fees Visa and MasterCard charged. In 2003, Visa and MasterCard were 
required to reduce their interchange fees from a weighted average of 
about 0.95 percent to about 0.5 percent and to eliminate rules 
restricting merchants’ ability to impose surcharges for credit cards, 
In addition, beginning in 2007, these networks had to allow merchants 
to accept only credit or debit cards from a network, and allow 
merchants to steer their customers toward lower-cost forms of payment. 
Credit card payments have continued to grow, but at a slower rate than 
before these changes, as more consumers switched to debit cards. RBA 
studied the impact of these reforms and issued a report in September 
2008 in which regulators concluded that the reform program had achieved 
its main objectives of improving competition in the payment card market 
and providing consumers with more information about the costs of 
various types of payment. In August 2009, RBA issued a statement that 
it would continue to regulate interchange fee rates at 0.5 percent. 
End of sidebar] 

Although Various Options to Lower Interchange Fees Exist, Impacts on 
Cardholders Could Be Mixed and Each Option Has Implementation 
Challenges: 

Concerns about the rising costs of card acceptance for merchants have 
led to regulatory measures in some foreign jurisdictions and 
legislative initiatives in the current U.S. Congress. These options 
generally have involved one or more of the following approaches: (1) 
setting or limiting interchange fees; (2) requiring their disclosure to 
consumers; (3) prohibiting card networks from imposing rules on 
merchants, such as those that limit merchants' ability to discriminate 
among different types of cards or levy a surcharge for credit cards; 
and (4) granting antitrust waivers to allow merchants and issuers to 
voluntarily negotiate rates. Industry participants and others cited a 
variety of advantages and disadvantages associated with each option and 
suggested that the categories of stakeholders--such as merchants or 
issuers or large merchants versus small merchants--would be affected 
differently. They also noted that, in some cases, the ultimate impact 
of the option was not clear. A more detailed discussion of industry 
participants and others' views on the merits of each of the options can 
be found in appendix II. 

Each of these options is designed to lower merchants' costs for card 
acceptance. For example, setting or capping interchange fees would 
limit the amount of interchange fees charged to merchants. Both RBA and 
the European Commission have used this approach, and regulators in 
other countries have worked with Visa and MasterCard to voluntarily 
reduce their interchange rates. Requiring the disclosure of interchange 
fees could lower merchants' fees if consumers changed their behavior 
after seeing the different costs associated with different forms of 
payment, and shifted from higher-cost forms of payment such as rewards 
and other credit cards toward less expensive forms of payment, such as 
debit cards. The option to eliminate certain network rules, such as the 
no-discrimination or no-surcharge rule, could allow merchants to either 
refuse to accept higher-cost cards or receive additional revenue from 
the consumer to help cover the costs of the interchange fees.[Footnote 
58] For example, a study of surcharging in the Netherlands reported 
that when merchants placed a surcharge on payment cards, customers 
there used that form of payment less often.[Footnote 59] The ability to 
take these actions could provide merchants with bargaining power to 
more effectively negotiate with the card networks and issuers over 
interchange fee rates, even in merchants did not exercise this ability. 
Refusing to take certain cards issued by a network, such as those with 
higher interchange fees, could prompt networks and issuers to reduce 
the prevalence of such cards. Direct negotiation between merchants and 
issuers under an antitrust waiver also could grant merchants increased 
bargaining leverage in negotiating interchange fee rates and terms, 
with a goal of lower costs to merchants. 

If interchange fees for merchants were lowered, consumers could benefit 
from lower prices for goods and services, but proving such an effect is 
difficult, and consumers may face higher costs for using their cards. 
With lower card acceptance costs, merchants may pass on their 
interchange fee savings through lower prices to consumers; however, the 
extent to which they would do so is unclear.[Footnote 60] As discussed 
previously, consumers--even those paying with cash and by check--may be 
paying higher prices because of merchants' increased costs of 
interchange fees. By capping interchange fees, RBA estimates that fees 
to merchants were lower by about 1.1 billion Australian dollars for the 
period of March 2007 through February 2008, but officials acknowledged 
that it would be very difficult to provide conclusive evidence of the 
extent to which these savings have resulted in lower retail prices 
because so many factors affect such prices at any one time. Moreover, 
the degree of savings depends on whether or not merchants are 
increasing their prices because of higher interchange fee costs. Some 
merchant representatives we interviewed told us that merchants would 
take different steps to improve customer service if interchange fees 
were lowered, such as hire more employees. Customers also may not 
experience lower prices if merchants' overall costs do not decrease. 
Several industry participants speculated that if merchants were allowed 
to refuse higher-cost cards, merchants would lose sales from customers 
using premium credit cards, who, network and issuer officials told us, 
spend more than customers using basic credit cards. A study of the 
Australian reforms by several economists reported that because the 
actual decrease in merchant costs was very small, merchants may have 
hesitated to lower prices, especially when their other costs might have 
been changing.[Footnote 61] 

Lowering interchange fee revenues for issuers could prompt issuers to 
increase cardholder costs or curtail cardholder credit availability. In 
Australia, issuers reduced rewards and raised annual fees following 
that country's interchange fee cap. In addition, with less interchange 
fee income, representatives of smaller issuers such as community banks 
and credit unions told us that they likely would not offer rewards 
cards and therefore would be unable to compete with the larger issuers 
in the market. One credit union official told us that the credit union 
could not offer credit cards because of the expense involved with 
running such a program. In addition, representatives of credit unions 
and community banks we interviewed said that they benefited from a 
network system that developed interchange rates to attract both 
merchants and issuers. Allowing merchants to refuse certain cards or 
negotiate rates directly with the issuers would eliminate smaller 
institutions from the process. Representatives of larger issuers told 
us that with less revenue from interchange fees, they would consider 
reducing the amount of credit they make available to their cardholders. 
Australian officials reported that since their reforms were instituted, 
the number of credit card accounts in Australia has continued to 
increase and smaller credit unions have remained in the credit card 
business, albeit with some of their operations outsourced. 

Each of these options for lowering card fee costs presents challenges 
for implementation that would need to be overcome. For example, if 
interchange fees were capped or limited, an oversight agency or 
organization would have to be designated to determine how and to what 
level such fees should be set. In addition, economists and other 
researchers noted that determining an optimal level that effectively 
balances the costs and benefits among the networks, issuers, merchants, 
and consumers would be very difficult to do. When Australian officials 
set their interchange fee cap, they did so based on their assessment of 
the benefits and costs of different payment methods, but they also told 
us that many years of data would be needed to determine the 
effectiveness of the rate cap. If interchange fees were disclosed to 
consumers, issuers and merchants said that consumers might find the 
additional information confusing, and some merchants said that their 
cashiers might not be able to clearly communicate the correct 
interchange fee for the specific transaction. For the option that would 
allow merchants to discriminate among cards and add a surcharge for 
more expensive credit card transactions, merchants said that it would 
be difficult for them to determine which cards carry higher interchange 
rates.[Footnote 62] Finally, the proposal to allow merchants to 
directly negotiate with issuers raised several issues from the industry 
participants we interviewed. They said that such negotiations could 
harm small merchants and small issuers, which do not have as much 
leverage as larger participants and, in some cases, lack the resources 
to participate in bargaining sessions. In addition, prudent exercise of 
this option would require an exemption from federal antitrust laws, 
which include provisions designed to protect consumers from the 
consequences of agreements in restraint of trade. DOJ officials have 
expressed their historical opposition to efforts to create exemptions 
to antitrust laws, stating that these exemptions should be used only in 
the rare instances in which a public policy objective compellingly 
outweighed free market values. 

Although each option had advantages and disadvantages and difficulties 
in implementation, removing the networks' antisteering rules and 
restricting interchange fees with a cap or other limit were the two 
options that appeared to receive the most support from the large and 
small merchants and merchant trade associations with which we spoke. 
Removing the antisteering rules appears to have various advantages, 
including providing merchants with the ability to send signals to 
cardholders about which cards increase merchant acceptance costs, a 
change that could improve merchants' leverage in negotiating their 
payment costs. Merchants' ability to surcharge or refuse certain cards 
also could cause cardholders using rewards cards to be more aware of 
and to bear more of the cost of the rewards from which they currently 
benefit. This option also may require the least intervention, as 
merchants could decide whether to add surcharges or refuse certain 
cards based on their own customer mix. In addition, the potentially 
anticompetitive effects of these rules are also the subject of the 
current DOJ investigation and some of the private lawsuits. A 
significant advantage of capping or limiting interchange fees would be 
that it would reduce interchange fee costs most directly. The 
experience in Australia indicates that this option does lower merchant 
costs and Australian regulators and merchant representatives insist 
that consumers have also benefited, arguing that merchants in 
competitive markets generally lower prices. The main challenges to 
implementing this option are determining the right level of reduction, 
such as capping interchange rates at a level below that of rewards 
cards, and tailoring the change to avoid unintended effects on other 
networks or on smaller issuers. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to the Department of Justice, the 
Board of Governors of the Federal Reserve, the Federal Trade 
Commission, the Federal Deposit Insurance Corporation, the National 
Credit Union Administration, the Office of the Comptroller of the 
Currency, and the Office of Thrift Supervision for their review and 
comments. Through informal discussions, staff from DOJ, the Federal 
Reserve, Federal Deposit Insurance Corporation, and the National Credit 
Union Administration noted the quality of the report. Each of these 
agencies, as well as the Office of the Comptroller of the Currency and 
the Office of Thrift Supervision, also provided technical comments that 
were incorporated where appropriate. Federal Trade Commission staff 
noted they had no comments on the report. 

We are sending copies of this report to interested congressional 
committees and members, the Department of Justice, Federal Trade 
Commission, Board of Governors of the Federal Reserve, the Office of 
the Comptroller of the Currency, the Office of Thrift Supervision, the 
Federal Deposit Insurance Corporation, the National Credit Union 
Administration, and other interested parties. In addition, this report 
will be available on our Web site at [hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at 202-512-8678 or cackleya@gao.gov. Contact points for our 
Office of Congressional Relations and Office of Public Affairs can be 
found on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix III. 

Signed by: 

Alicia Puente Cackley: 
Director, Financial Markets and Community Investment: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

[End of section] 

Our objectives were to describe (1) how the fees merchants pay for 
accepting credit cards have changed over time and the factors affecting 
the competitiveness of the credit card market, (2) how credit card 
competition has affected consumers, (3) the benefits and costs to 
merchants of accepting cards and their ability to negotiate those 
costs, and (4) the potential impact of various options intended to 
lower merchant card fee costs. 

To assess how the fees merchants pay for accepting credit cards have 
changed over time, we reviewed relevant literature and analyzed 
available data on interchange fee rates provided by Federal Reserve 
staff, a large merchant, and a large credit card processor. To describe 
the factors affecting the competitiveness of the credit card market, 
including how credit card competition has affected consumers and 
merchants, we summarized economic and other academic literature. Our 
literature review built upon key studies to which experts we 
interviewed referred and which we found by reviewing research databases 
such as Econlit and through general Internet searches. In our 
literature review, we sought to summarize a diverse body of literature 
that described various views on the economics and policy implications 
of interchange fees. We also interviewed representatives and analyzed 
data from the four major credit card networks (American Express, 
Discover, MasterCard, and Visa) and several banking and acquiring trade 
associations, the members of which include large and small institutions 
that participate in the credit card system: the American Bankers 
Association, the Electronic Transfer Association, the Independent 
Community Bankers of America, the Credit Union National Association, 
and the National Association of Federal Credit Unions. In addition, we 
conducted interviews and analyzed data from three of the largest credit 
card issuers as measured by total outstanding credit card loans, as of 
December 31, 2007, in the Card Industry Directory and three of the 
largest credit card acquirers in the United States.[Footnote 63] We 
also met with representatives of several small credit unions and 
community banks that issue credit cards. However, public information on 
interchange fee revenue, card issuers' costs, and other quantitative 
data from card networks and issuers is limited and ongoing litigation 
limited these entities' ability to share such information with us. 

To learn more about merchants' costs for accepting credit cards, we 
consulted relevant literature and interviewed and reviewed payment cost 
data provided by several merchant trade associations, large national 
retail merchants, and small merchants from two local Chambers of 
Commerce. We met with officials from the National Retail Federation, 
the National Grocers Association, the Food Marketing Institute, the 
National Association of Convenience Stores, the Retail Industry Leaders 
Association, and the Small Business and Entrepreneurship Council. We 
met with representatives of 10 of the largest retail merchants in the 
United States; 8 of these represented 42 percent of the wholesale and 
retail trade industries listed in the S&P 500 in 2008, as well as one 
privately owned large company and one publicly traded large company 
that were not listed on the S&P 500. We selected the wholesale and 
retail categories because merchants in these industries accept and 
receive payments from consumers. We also selected small merchants to 
interview from the Washington, D.C., and Springfield, Virginia, 
Chambers of Commerce. These merchants represented a diverse group of 
businesses, including boutique shops, sports clubs, and a health care 
professional. In addition, we interviewed representatives of other 
organizations from across the country that accept payments from 
consumers, including hospital owners, utility companies, and a city 
government official. Although we selected merchant representatives to 
provide broad representation of merchant experiences with accepting 
credit cards, their responses may not be necessarily representative of 
the universe of small and large merchants. As a result, we could not 
generalize the results of our analysis to the entire market for 
merchant experiences with accepting credit cards and paying interchange 
fees. Where possible, we obtained information from card networks about 
benefits to merchants. 

To describe the regulation of interchange fees both in the United 
States and in other countries, we met with officials from the Board of 
Governors of the Federal Reserve System, the Office of the Comptroller 
of the Currency, the Office of Thrift Supervision, the Federal Deposit 
Insurance Corporation, and the National Credit Union Administration. We 
also reviewed studies of the impact of interchange fee reforms in other 
countries, and interviewed officials from the Reserve Bank of Australia 
on their actions related to interchange fees because Australia was one 
of the first countries to act, and sufficient time has passed to allow 
information on the impact of their actions to be available. To discuss 
federal antitrust activities, we interviewed officials from the 
Department of Justice and the Federal Trade Commission and updated our 
summary of major federal antitrust actions surrounding interchange 
rates from our 2008 report. Our interviews with industry participants, 
academics, and regulators also provided us with an understanding of the 
potential impact of various proposals to lower interchange fees. 

Quantitative information used in this report was attributed to its 
source and supported by other corroborative evidence, such as industry 
sources, federal regulatory data, or interviews. In some instances we 
were able to do some testing of the data. We believe that these data 
are sufficiently reliable for the purposes of showing general trends in 
the credit card industry and merchant experiences with accepting credit 
card payments. 

We conducted this audit in Washington, D.C., from May 2009 to November 
2009, in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Review of Options to Regulate Interchange Fee Rates and 
Terms of Credit Card Acceptance: 

Option 1: Limiting or Capping Interchange Fees: 

Options to address increasing costs of interchange fees include setting 
or limiting interchange fees, with the intent of lowering costs for 
merchants and, potentially, consumers. For example, a regulatory agency 
could cap interchange fees at a single rate or an average rate or work 
with industry participants--such as networks, issuers, and merchants-- 
to decrease the fees. Some countries have limited interchange fees 
using such methods. The Reserve Bank of Australia (RBA) has set a limit 
under which the weighted average of MasterCard and Visa interchange 
fees must fall. The European Commission recently reached an agreement 
with MasterCard that limits the average interchange fees that it can 
charge for cross-border transactions (purchases made in one country 
using a credit card issued in another) in the European Union. In 
addition, governments in other countries, such as Mexico, have worked 
with industry participants to voluntarily decrease interchange fee 
rates.[Footnote 64] 

Merchants could realize lower costs if interchange fees were limited. 
[Footnote 65] As discussed previously, many merchants are concerned 
that their interchange fee-related expenses have increased 
significantly in recent years. Some merchants in very competitive 
industries, such as retail and gas stations, told us that because they 
were unable to increase prices to cover increases in their interchange 
fees, their slim profit margins had further decreased in recent years. 
A representative of one franchise told us that even if interchange fees 
were capped at their current rates, this cap would help ensure long- 
term profitability. 

Furthermore, consumers might benefit if merchants passed on their 
savings through lower prices. However, many industry participants 
acknowledged that it would be difficult to prove a direct link between 
lower interchange fees and lower consumer prices. Merchants and 
representatives of merchants in the retail industry have argued that 
because retail is one of the most competitive industries, retailers 
would have to lower prices if their interchange fee-related costs 
decreased. However, other industries may face pricing constraints. For 
example, representatives of two utility companies told us that they 
could not change their prices without first getting approval from their 
respective regulatory bodies. Several economists have argued that the 
ability of merchants to pass on their savings from lower interchange 
fees would depend heavily on the respective merchants' size and market 
share, as well as other factors. While the amount of the price 
reduction might depend on these factors, some studies have demonstrated 
that a reduction in retailer costs in the competitive gasoline industry 
can lead to savings for consumers.[Footnote 66] The Reserve Bank of 
Australia has estimated that savings to Australian consumers from 
decreased interchange fees and other interchange reforms likely 
exceeded 1.1 billion Australian dollars for the period of March 2007 to 
February 2008, but officials acknowledged that it would be very 
difficult to provide conclusive evidence of these savings. Others have 
argued that Australian merchants have not passed savings on to 
consumers, some of them citing economic literature that argues that 
such a reduction in merchant costs would not affect retail prices very 
quickly, even in the context of extensive competition.[Footnote 67] 

In contrast, limiting interchange fees could decrease the interchange 
revenues of issuers, but the impact on issuers would depend largely on 
the way in which the option is implemented. For instance, if an 
interchange fee cap were set at a level significantly below the current 
rates and applied to all interchange fees charged, then all issuers 
could be affected. But a cap also could be set at a relatively high 
rate, such as at the maximum rate for standard credit cards, or certain 
issuers could be excluded from the regulation. Card issuers, especially 
small issuers, oppose any option that would decrease their interchange 
fee revenues significantly. According to some industry participants, 
smaller issuers such as credit unions and community banks rely more 
heavily on such revenue than large banks, which receive more income 
from interest and other cardholder fees. Representatives of a credit 
union association told us that revenue from interchange fees made up 
over 20 percent of most credit unions' total card revenues. Several 
representatives of community banks and credit unions told us that they 
likely would not be able to offer rewards cards without the revenues 
they received from interchange fees, and not offering such cards would 
decrease their overall ability to compete with larger banks. 

In addition, many industry participants and others agreed that the 
costs of card acceptance might shift from merchants to cardholders if 
interchange fees were limited, card surcharges permitted, and 
interchange revenues decreased. However, they did not agree on whether 
the shift would be positive or negative. Some researchers have argued 
that such a shift would lead to more efficient outcomes, because 
cardholders would pay for the benefits--such as rewards--that they 
enjoyed. Or, as some economists have noted, cardholders faced with 
higher costs for using their credit cards might change their behavior 
by using rewards cards less frequently and opt for alternative payment 
methods such as debit cards, which could result in lower costs for 
merchants. Other economists have argued that any consumer savings from 
lower prices would not be sufficient to offset the negative impacts on 
cardholders. Representatives of issuers and card networks we 
interviewed told us that this option would affect cardholders 
negatively, because issuers likely would respond to their reduced 
interchange fee income by increasing cardholders' annual fees and other 
user fees, decreasing the value of rewards points, and possibly 
increasing interest rates and decreasing available credit. In 
Australia, cardholders' benefits as a portion of spending dropped an 
average of 23 percent from 2003 to 2007 following the interchange fee 
reforms.[Footnote 68] 

Moreover, a limit on interchange fees could affect merchants negatively 
if this option led to decreased overall retail sales or available 
credit. Some industry participants and others pointed to studies that 
illustrate that consumers tend to spend more when paying with credit 
cards than when using other payment methods, and that rewards 
cardholders spend even more than nonrewards cardholders. If consumers 
shifted from using rewards cards in response to decreased rewards and 
increased annual and user fees, merchants might realize lower sales 
revenues overall. Issuers, if faced with lower interchange fee 
revenues, could decide that some credit card programs were too 
expensive to maintain and might cut credit to cardholders, including 
merchants that depend on credit to finance business expenses. For 
example, the results of the National Small Business Poll indicate that 
about 74 percent of small businesses use business credit cards and 
about 39 percent use personal credit cards for business purposes. 
[Footnote 69] 

If the fee limit option were chosen, a challenge for implementation 
would be setting and maintaining interchange fees at a level that 
effectively balanced the costs among networks, issuers, merchants, and 
consumers, which economists and others agree would be very difficult to 
do. Australian officials set their interchange fee limit using a cost- 
based approach, which they characterized as practical and meeting 
legislative requirements. They chose a cap based on the costs that 
issuers would incur for authorization and processing, fraud and fraud 
prevention, and funding the interest-free period; the costs of credit 
losses were not included. Using such an approach would require 
specialized knowledge of the benefits and costs of different payment 
methods, some of which may be difficult to measure accurately. In 
addition, industry participants and others do not agree on which costs 
should be covered by interchange fees; some issuers and card networks 
have argued that the fees should cover credit losses, but others have 
argued that issuers should cover credit losses with their interest 
revenues. Considerable cost also could be involved for an agency to 
collect and analyze extensive data from industry participants on 
interchange-related costs and benefits. 

Option 2: Requiring the Disclosure of Interchange Fees: 

A second option to address concerns about interchange fees would 
require the disclosure of interchange fees to consumers and is intended 
to increase their awareness of the fees and change their payment 
behavior. The fees could be disclosed to consumers on sales receipts, 
on consumers' card statements, or through generic notices that 
merchants would post advising their customers about interchange fee 
costs. Although Visa and MasterCard officials told us that their rules 
currently do not prohibit merchants from posting their interchange fee 
costs, other merchants and representatives from a large acquiring bank 
told us that this option is difficult to implement because merchants 
are unable to ascertain interchange fee costs until they submit 
payments for processing. As discussed previously, interchange fees vary 
depending on the type of card used and the method of processing used. 

Disclosing interchange fees to consumers could result in lower costs to 
merchants, which then could pass the savings to consumers, but only if 
consumers responded to such disclosures by decreasing their use of 
relatively expensive cards. Proponents contend that consumers deserve 
to understand interchange expenses facing merchants because consumers 
could be paying for at least a portion of these fees. If consumers 
shifted from using relatively costly credit cards to less expensive 
forms of payment, this would decrease interchange costs for merchants, 
which in turn could lower prices for consumers. However, many of the 
industry participants and others with whom we spoke predicted that most 
consumers would disregard information about interchange fees. 

Such disclosures could be confusing for consumers. Merchants, issuers, 
and card networks expressed concern that their customers might not 
understand the information and might misinterpret the fees listed on 
the receipt or bank statement as an additional charge, rather than as a 
component of the total price. Merchants told us that it is very 
difficult for cashiers to distinguish between the numerous types of 
debit and credit cards, which have varying interchange rates. Thus, it 
could be very complicated for a cashier to clearly communicate to the 
consumer the correct interchange fee for the specific transaction. 

Additionally, whichever party is responsible for disclosing information 
about interchange fees to consumers would incur the costs of updating 
its technology to allow for such disclosures. For disclosure in 
merchant receipts, merchants would incur the cost of changing their 
receipts. Issuers have reported that changes to card statements, such 
as the inclusion of additional disclosures, would generate costs for 
them. 

Option 3: Loosening Restrictions on Merchants for Card Acceptance: 

A third option would prohibit card networks (and other entities) from 
imposing rules on merchants that limit their ability to discriminate 
among different types of cards, or levy a surcharge for accepting 
credit cards.[Footnote 70] The broad intent of this option is to 
decrease the costs to merchants of accepting cards by allowing them to 
steer their customers toward less expensive forms of payment. As 
discussed earlier, card networks generally impose rules on merchants 
that accept their cards, such as not allowing merchants to add a 
surcharge or discriminate among cards issued by the same network and 
prohibiting minimum purchase amounts. 

For merchants, the primary benefit of removing one or more of the 
restrictions for card acceptance could be lower costs. If the rule that 
merchants must honor all cards from a network were relaxed, merchants 
could refuse to accept cards with high interchange fees. For example, 
many of the merchants we interviewed with small average purchase 
amounts, such as convenience store owners, told us that they would 
receive significantly more benefits from accepting cards if they could 
steer consumers away from using cards with high interchange fees, 
especially in cases in which the purchase amount was lower than the 
total merchant discount fee. Several merchants told us that they would 
apply a minimum purchase amount for credit cards if they were allowed 
to, while one small merchant told us that its store already did so. If 
merchants could levy a surcharge, they also could receive additional 
revenue to cover their interchange fee-related costs. Although card 
networks allow merchants to discount for cash purchases, as required by 
law, some merchants and others have argued that the network rules and 
state requirements surrounding cash discounting make the practice too 
complicated. Merchants explained that currently they have to post a 
cash price and a card price for each item to offer cash discounts, 
which could confuse or irritate their customers, so an option that 
allowed merchants to add a surcharge and refuse certain cards would be 
a more feasible way for merchants to decrease their interchange fee- 
related costs. 

This option also could improve merchants' bargaining power with card 
networks and issuers. According to some industry participants and 
researchers, the only leverage that merchants currently have to control 
their interchange-related expenses is to refuse to accept all of the 
cards of a given network.[Footnote 71] As discussed previously, given 
the large market share of Visa and MasterCard, customers expect to be 
able to use those cards at a wide variety of merchants, and several of 
the merchants we interviewed told us they would lose sales if they 
refused to accept all cards from either of these networks. Some 
merchants told us that they would have a greater ability to manage 
their costs with the option to surcharge for credit cards or not accept 
cards with higher interchange fees. 

This option also may reduce merchant costs as consumers shift away from 
higher-cost forms of payment (such as rewards cards) to less expensive 
forms of payment (such as debit cards). Some industry participants and 
academic researchers have argued that such a shift would lead to more 
efficient outcomes such as lower prices for consumers (merchants might 
lower prices if interchange costs decreased). As mentioned previously, 
all consumers, even those paying with cash or check, bear the cost of 
merchants' costs for card acceptance. Proponents of this option reason 
that without signals about the costs of different payment mechanisms, 
such as limited card acceptance, surcharges, or cash discounts, 
consumers likely have overused cards with relatively high interchange 
fees. There is some empirical evidence that illustrates that surcharges 
can change consumers' choice of payment method. For example, a recent 
study conducted in the Netherlands, which allows surcharges, showed 
that consumers there altered their behavior in response to surcharges 
for debit cards. While 25 percent of consumers surveyed said that they 
would use their debit cards regardless of an applied surcharge, the 
majority stated that surcharges affected their choice of payment, with 
most using cash for sales tickets of less than 15 euros.[Footnote 72] A 
survey conducted in Norway also illustrated that consumers there were 
quite sensitive to consumer prices that reflected payment costs. 
[Footnote 73] 

However, removing merchant rules for card acceptance also could affect 
cardholders, issuers, acquirers, and card networks. More specifically, 
cardholders might not be able to use their cards in as many locations 
and could face higher direct costs for card usage. Credit networks, 
issuers, and acquirers also argued that consumer protection issues 
would arise because card users would be treated differently than 
consumers using other payment methods such as cash. Some industry 
participants and others were concerned about the ability of merchants 
operating in less competitive markets to set surcharges at a higher 
level than would be needed to cover their merchant discount fees, thus 
resulting in a new stream of revenue for merchants.[Footnote 74] Also, 
some noted that consumers would have less choice if small issuers were 
forced out of the market by reduced interchange revenues. 

Additionally, if fewer consumers used cards and fewer merchants 
accepted cards, the overall benefits of the credit card network could 
decrease. As discussed previously, card networks can bring benefits to 
both consumers and merchants, and economists have argued that the 
benefits of a credit card network increase as more consumers use its 
cards and more merchants accept its cards. However, some economists 
have reported that the change of rules for card acceptance in Australia 
has not decreased the use of credit cards significantly and that credit 
card use has grown by at least 5 percent per year since 1995.[Footnote 
75] 

If consumers shifted from using cards with higher interchange fees, 
issuers could see decreased revenues. As mentioned previously, 
interchange revenues make up a larger percentage of total revenue for 
small issuers than for large issuers. Representatives of some credit 
unions and community banks told us that they were concerned that under 
this option, merchants might discriminate against their cards. These 
representatives also told us that without sufficient interchange 
revenues, many credit unions and small banks likely would not be able 
to issue credit cards. However, representatives of RBA have reported 
that removing this network rule did not appear to have significantly 
decreased the number of smaller issuers offering credit cards. They 
said that some smaller institutions have found it commercially 
beneficial to outsource some or all of their issuing activities to 
larger financial institutions or specialist issuers. In such 
outsourcing arrangements, the cards still carry the small issuer's name 
but other providers provide the credit processing, and the credit. To 
preserve the ability of small issuers to successfully issue cards, some 
industry participants, including a large merchant, suggested that 
merchants could be allowed to refuse cards on the basis of costs, but 
could be prohibited from discriminating against cards on the basis of 
issuer. 

The extent to which merchants would take advantage of changes to 
network rules on card acceptance was unclear. Many merchants of various 
sizes told us that they would not apply surcharges or refuse certain 
cards because they feared losing business, or because they thought that 
this could slow their checkout times. In addition, some merchants told 
us that they found it nearly impossible to distinguish among different 
types of credit and debit cards, making it difficult for them to 
determine which cards they should refuse or to which they should apply 
a surcharge because of higher interchange rates. In the Netherlands and 
Australia, where merchants are allowed to levy a surcharge, many 
merchants have opted not to do so. In Australia, the number of 
merchants that apply a surcharge for credit cards has been increasing 
since the practice was allowed in 2003. However, according to a banking 
research firm that collected data on behalf of the Reserve Bank of 
Australia, as of June 2009, only about 18 percent of very small 
merchants, 20 percent of small merchants, 26 percent of large 
merchants, and 34 percent of very large merchants levied surcharges for 
credit cards.[Footnote 76] A study of surcharges on debit cards in the 
Netherlands found that about 22 percent of merchants added a charge for 
paying with a debit card (for sales below a certain amount).[Footnote 
77] The results of a national poll by the National Federation of 
Independent Business indicate that 29 percent of U.S. small businesses 
who accept credit card payments would apply a surcharge for card 
payments if their contracts with card networks allowed, and about 13 
percent currently have a minimum purchase amount for credit card sales. 
[Footnote 78] 

Option 4: Allowing Merchants and Issuers to Directly Negotiate 
Interchange Fees: 

A fourth option would allow merchants to directly negotiate with card 
issuers to reach an agreement on interchange fees and terms, which 
likely would result in lower costs for merchants. Because collective 
bargaining by commercial groups, such as groups of merchants or 
businesses, can violate U.S. antitrust laws, an exemption from those 
laws would be necessary to facilitate such a process.[Footnote 79] 
According to DOJ, the granting of antitrust waivers in the United 
States can be justified only in very rare cases, but participants in 
specific industries have been granted antitrust waivers, including 
those in the insurance industry and agricultural cooperatives. 

According to its proponents, this option would allow merchants more 
leverage with card networks and issuers in negotiating interchange 
rates and terms and potentially lead to lower merchant costs. As 
discussed previously, some have argued that merchants, especially small 
merchants, are not able to negotiate interchange fees or terms with 
card networks or issuers, partly because of the large market shares of 
Visa, MasterCard, and the largest issuers. The large merchants we 
interviewed told us that their negotiations with card networks have 
been unsuccessful because they need to accept Visa and MasterCard cards 
to retain their customers and thus have to pay whatever prices Visa and 
MasterCard charge. Two of the small merchants we interviewed told us 
that they were unaware that such negotiations were possible. Some 
merchants and others have argued that allowing collective bargaining 
could result in a fairer interchange fee system because card networks 
would have less ability to set different rates for merchants based on 
industry type, volume of sales, and other factors; collective 
bargaining could result in one rate for all merchants. 

However, as mentioned previously, any option that decreases interchange 
fees may have opposing effects on different stakeholders (for example, 
decreased costs but decreased credit availability for merchants or 
lower prices but higher fees for cardholders). If negotiations resulted 
in lower interchange fees for merchants, then merchants could pass 
these savings to consumers through lower prices. However, given that 
representatives of issuers and card networks told us that issuers would 
likely respond to decreased interchange revenues by increasing annual 
fees, decreasing the value of rewards points, and possibly increasing 
interest rates and decreasing available credit, cardholders could be 
harmed. 

In addition, it could be difficult to ensure that small issuers and 
small merchants benefited from collective negotiations. Representatives 
of small issuers said that small issuers would not have sufficient 
market power to negotiate favorable interchange fees with a group of 
merchants. Furthermore, several of these representatives said they were 
concerned that merchants could come to agreements with large issuers 
under which the merchants would accept only the large issuers' cards. 
Some merchants with whom we spoke were skeptical about the potential 
for small merchants to benefit from the collective negotiations with 
networks and issuers. One small merchant told us that her store would 
not be able to participate in such negotiations because of limited 
staff resources. 

A significant legal barrier to implementing such negotiations is the 
need to obtain antitrust waivers, which DOJ has argued have been 
justified only in very rare instances in the United States. Credit card 
issuers and card network officials expressed concerns about removing 
antitrust exemptions that are designed to protect consumers from 
anticompetitive practices. In addition, DOJ officials have expressed 
their historical opposition to efforts to create exemptions to 
antitrust laws, stating that these exemptions should be used only in 
the rare instances in which a public policy objective compellingly 
outweighed free-market values. Furthermore, in response to a prior 
proposal that would have allowed for collective negotiations of 
interchange fees, DOJ officials expressed concern about the role that 
their agency would play in such negotiations. 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Alicia Puente Cackley. 202-512-8678 or cackleya@gao.gov: 

Staff Acknowledgments: 

Cody Goebel, Assistant Director; Michael Aksman; Jessica Bryant- 
Bertail; Rudy Chatlos; Katherine Bittinger Eikel; Christine Houle; 
Nathan Gottfried; Yesook Merrill; Marc Molino; Rachel Munn; Barbara 
Roesmann; Paul Thompson; and C. Patrick Washington made key 
contributions to this report. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 111-24 § 501, 123 Stat. 1734, 1754 (2009). 

[2] For this report, we focused on the structure of fees for accepting 
credit cards, not debit cards, although the fees for debit cards play a 
role in factors affecting the competitiveness of the overall payment 
card market. 

[3] Typically, cardholders with no outstanding balance on their account 
have at least 21days from the date of purchase to the date their credit 
card bill is due in which they are not charged interest. 

[4] The Truth in Lending Act, generally limits consumers' liability for 
the unauthorized use of their cards to $50. See 12 CFR 226.12. 

[5] This includes both consumer and commercial credit card charge 
volume. See Card Industry Directory: The Blue Book of the Credit and 
Debit Card Industry in North America, 20th ed. (Chicago, Ill., 2008). 
SourceMedia, the publisher of the Card Industry Directory, told us that 
the 20th edition is the last edition that will be published and that 
its information has migrated into a Web-based product called 
PaymentsSource. 

[6] Although Visa and MasterCard only permit acquiring institutions to 
authorize transactions on their networks, these institutions may 
partner with a third-party processor or independent sales organization 
to directly contract with merchants. 

[7] Visa and MasterCard receive payments directly from participating 
issuing and acquiring institutions based on processing and payment 
volume. 

[8] In the United States, since 2004 American Express has licensed a 
number of banks such as Bank of America to issue cards on the American 
Express network; however, it continues to act as the acquiring entity 
for merchants. Financial arrangements between American Express and 
third-party bank issuers are agreed upon independently, through 
separate bilateral agreements, and usually constitute a percentage of 
the transaction amount. Discover also has had card-issuing agreements 
with financial institutions such as GE Money Bank since 2004, and since 
2006 has had merchant acquiring agreements with third parties. For 
transactions that occur on Discover cards issued by these third-party 
issuers at merchants having acceptance agreements with third-party 
acquirers, Discover receives interchange revenue from the acquiring 
institution and pays the card issuer an interchange fee. 

[9] In addition, merchants may receive lower costs for card acceptance 
if they enter into a special relationship with a network or issuing 
bank. A co-branded card has the merchant's name and logo on it and can 
be used in the merchant's stores or in other locations. A private label 
card also has the merchant's name and logo on it, but can be used only 
to purchase goods and services from that merchant. Both types of cards 
offer incentives for merchants to promote the cards among their 
customer base. Representatives from large issuers told us that 
incentives could include a rebate on their interchange fees. We discuss 
co-branded card relationships in more detail later in this report. 

[10] The Federal Reserve also has oversight of the debit card market 
under the Electronic Fund Transfer Act (EFTA), 15 U.S.C. § 1693, et. 
seq., implemented through Regulation E, which, among other things, 
contains disclosure requirements relating to the use of debit cards at 
merchant terminals. See 12 C.F.R. Part 205. 

[11] This proposal was introduced as S. 1212 and as H.R. 2695. 

[12] This proposal was introduced as H.R. 2382, captioned the "Credit 
Card Interchange Fees Act of 2009." 

[13] Businesses can possess market power when they have the ability to 
raise prices without suffering significant declines in business. The 
presence of market power is associated with factors in the marketplace 
such as a limited number of competitors and conditions that can create 
barriers for other businesses attempting to enter into the particular 
marketplace. DOJ and FTC examine the structure of the market to 
determine whether businesses exercise their market power in ways that 
are considered anticompetitive according to U.S. antitrust laws. 

[14] See Robin A. Prager, Mark D. Manuszak, Elizabeth K. Kiser, and Ron 
Borzekowski, "Interchange Fees and Payment Card Networks: Economics, 
Industry Developments, and Policy Issues." (Working Paper 2009-23, 
Federal Reserve Board Divisions of Research & Statistics and Monetary 
Affairs, Washington, D.C.: May 13, 2009). Data from The Nilson Report, 
an industry newsletter, indicates that since 2006, debit card purchases 
represent a greater share of transaction volume than credit card 
purchases. See The Nilson Report, November 2008, Issue 915. 

[15] American Bankers Association/Dove Consulting. "2005/2006 Study of 
Consumer Payment Preferences" (Washington, D.C.: October 2005). 

[16] Federal Reserve officials told us these numbers were calculated by 
multiplying the average interchange fee rate times the total amount of 
card payments for Visa and MasterCard credit, signature debit, and PIN 
debit cards. They noted that because they could not determine the 
volume of payments associated with each of the many interchange fee 
categories, this is a crude estimate and should be viewed as a rough 
approximation of the total. See Prager et al. 

[17] Visa officials noted that some of these interchange rate 
categories have the same rate. In addition, they reported that at least 
one category was added as a processing alternative provided to 
acquiring institutions. 

[18] Merchants that qualified for special rates for MasterCard included 
restaurants, convenience stores, supermarkets, and warehouse stores. 

[19] See Prager and others. 

[20] Discover officials told us that after 2004, they were able to 
offer card-issuing agreements with other financial institutions. For 
transactions that occur on Discover cards issued by third-party issuers 
at merchants having acceptance arrangements with third-party acquirers, 
Discover receives interchange fees from the acquiring institution and 
also pays the card issuer an interchange fee. 

[21] NFIB Research Foundation, "Credit Cards," National Small Business 
Poll 8, no. 3 (2008). Available at [hyperlink, 
http://www.nfib.com/research-foundation/national-small-business-poll/]. 

[22] The more consumers use the network, the more attractive the 
network becomes to consumers, and the easier it becomes for the network 
to attract new customers to its cards. The increasing attractiveness of 
cards to consumers limits the ability of merchants to refuse that 
network's card, an effect known in economic theory as a network, or 
adoption, externality. 

[23] Economists have also questioned whether consumers' payment choices 
appropriately affect the social costs and benefits of various payment 
methods. However, they note that determining whether a payment type is 
over or underused is extremely difficult. See Prager and others. 

[24] See The Nilson Report, April 2009, Issue 924. 

[25] Similarly, merchants also face challenges in starting their own 
card network or card, because a large portion of their customers 
already have Visa and MasterCard brand cards. 

[26] United States v. Visa U.S.A., Inc., 344 F.3d 229 (2d Cir. 2003), 
aff'g, 163 F. Supp. 2d. 322 (S.D.N.Y. 2001) and cert. denied, 543 U.S. 
811 (2004). 

[27] We discuss the benefits and costs of card acceptance to merchants 
in more detail later in this report. 

[28] The Card Industry Directory, 2007 data. These data do not break 
out rewards as a separate cost. In addition, we were not able to verify 
these data with issuers. An economist from the Federal Reserve Bank of 
Kansas City and representatives of merchant groups have cited work by 
Diamond Consulting that broke down interchange fee expenses. This 
report estimated that of the components of interchange revenue, 44 
percent went to issuer rewards and only 13 percent went to network and 
issuer processing. Since these data have been published, Diamond 
Consulting has issued a statement cautioning that these data were based 
on the author's views and not on data that issuers provided. 

[29] The Federal Financial Institutions Examinations Council, the 
interagency body that prescribes uniform principles, standards, and 
report forms for the federal examination of financial institutions by 
the federal banking regulators and the state liaison committee, governs 
the collection of the Call Report data, but these requirements are only 
for banks overseen by the Office of the Comptroller of the Currency, 
the Federal Reserve, and the Federal Deposit Insurance Corporation. 

[30] Board of Governors of the Federal Reserve System, "Report to the 
Congress on the Profitability of Credit Card Operations of Depository 
Institutions" (Washington, D.C.: June 2009). 

[31] Statement of Martin J. Gruenberg, Vice Chairman, Federal Deposit 
Insurance Corporation. "Credit Cardholders' Bill of Rights: Providing 
New Protections for Consumers" before the Subcommittee on Financial 
Institutions and Consumer Credit of the Financial Services Committee, 
U.S. House of Representatives. 110th Cong., 2nd sess. 2008. 

[32] FDIC Quarterly Banking Profile, second quarter 2009. 

[33] The number of mailings in 2008 represents a sharp decline from the 
5.2 billion mailings in 2007 and likely reflects the effects of a 
weaker economy, rising unemployment, and increased credit risk among 
current and prospective card holders. The decline in activity may also 
reflect the effects of funding issues (as problems in the market for 
credit card-backed securitizations emerged in 2008 and may have reduced 
the ability of card issuers to fund their outstanding credit card 
liabilities at attractive rates.) 

[34] Diners Club introduced a rewards program that offered airline 
miles to its customers in 1984. Over time, an increasing variety of 
rewards have been offered to cardholders, including cash-back bonuses 
based on purchase volume and rewards point donations to charities, 
alumni associations, and environmental groups. Some issuers also began 
offering co-branded cards--with the merchant's and the network's name 
on the card--that provide discounts at the merchant with whom the 
issuer has established the co-branded relationship. Currently, cash- 
back bonuses of 3 to 5 percent are common on purchases at certain types 
of retailers. 

[35] GAO, Credit Cards: Increased Complexity in Rates and Fees 
Heightens Need for More Effective Disclosures to Consumers, [hyperlink, 
http://www.gao.gov/products/GAO-06-929] (Washington, D.C.: Sept. 12, 
2006), 16. 

[36] See §101 (b) of the CARD Act, to be codified at 15 U.S.C. § 1661i- 
1. 

[37] G.19 Federal Reserve Statistical Release. Consumer Credit, August 
2009. (Washington, D.C.: October 7, 2009). 

[38] Cardholders also can incur numerous costs associated with using 
their cards. Depending on how consumers use their cards, they may be 
assessed a variety of fees. For example, cardholders who make late 
payments may be charged a late payment fee. Or if a cardholder chooses 
to obtain a cash advance on the card, he or she may be assessed a fee 
for the advance. See [hyperlink, 
http://www.gao.gov/products/GAO-06-929]. 

[39] Andrew Ching and Fumiko Hayashi. "Payment Card Rewards Programs 
and Consumer Payment Choice." (Federal Reserve Bank of Kansas City, 
Working Paper, May 13, 2008). 

[40] Steven Semeraro. "The Reverse-Robin-Hood-Cross-Subsidy Hypothesis: 
Do Credit Card Systems Effectively Tax the Poor and Reward the Rich?" 
(Working Paper, San Diego, Calif., 2008). 

[41] See, for example, Tom Brown and Lacey Plache. "Paying with 
Plastic: Maybe Not So Crazy." University of Chicago Law Review, 73 
(Winter 2006): 63-86 

[42] Even though the legal maximum generally is 5 days, banks make 
funds available from the majority of consumer check deposits within 1 
business day, according to the Federal Reserve. Federal Reserve staff 
noted that this maximum will change in early 2010. 

[43] See, for example, Daniel D. Garcia-Swartz, Robert W. Hahn, and 
Anne Layne-Farrar. "The Move toward a Cashless Society: A Closer Look 
at Payment Instrument Economics," Review of Network Economics, 5 (2) 
June 2006. 

[44] According to the issuer, these data reflect chargebacks that were 
accepted by the network, but not those that were rejected or 
adjudicated. 

[45] These requirements include installing and maintaining systems to 
protect cardholder data; not using vendor-supplied defaults for system 
passwords and other security parameters; protecting stored cardholder 
data; and encrypting transmission of cardholder data across open, 
public networks. 

[46] Ann Kjos, "The Merchant-Acquiring Side of the Payment Card 
Industry: Structure, Operations, and Challenges," Federal Reserve Bank 
of Philadelphia (October 2007). 

[47] Determining the extent to which merchants are able to negotiate 
over interchange fees is difficult, as at least one merchant we 
interviewed did not provide us with details of the company's 
negotiations with the major card networks, citing contract provisions. 

[48] The states that prohibit surcharging for credit cards include 
California, Colorado, Connecticut, Florida, Kansas, Maine, 
Massachusetts, New York, Oklahoma, and Texas. 

[49] Not all of the networks have each of these rules, but if a 
merchant accepts cards from each of these networks, the merchant is 
subject to all of them. Visa, MasterCard, and American Express have 
posted some of their rules on their Web sites; Discover's rules are not 
available online. 

[50] See Federal Reserve Regulation E, 12 C.F.R. Part 226. TILA is set 
forth in Title I of the Consumer Credit Protection Act. See 15 U.S.C. § 
1601, et. seq. 

[51] FTC generally has responsibility for enforcing TILA and other 
consumer protection laws for credit card issuers that are not 
depository institutions. 

[52] See United States v. Visa U.S.A., Inc., 344 F.3d 229 (2d Cir. 
2003), aff'g, 163 F . Supp. 2d. 322 (S.D.N.Y. 2001) and cert. denied, 
543 U.S. 811 (2004). 

[53] 344 F.3d at 240. 

[54] For more information on these cases, see GAO, Credit and Debit 
Cards: Federal Entities Are Taking Actions to Limit Their Interchange 
Fees, but Additional Revenue Collection Cost Savings May Exist, GAO-08-
558 (Washington, D.C.: May 15, 2008), 56. 

[55] In re Payment Card Interchange Fee and Merchant Discount Antitrust 
Litigation, 2006 U.S.Dist. LEXIS 45727; 2006-1 Trade Cas. (CCH) P75,278 
(E.D.N.Y.). 

[56] Federal Reserve economists and others report that these countries 
include Argentina, Australia, Austria, Brazil, Canada, Chile, Colombia, 
Denmark, Finland, France, Germany, Hungary, Israel, Italy, Mexico, New 
Zealand, Norway, Panama, the People's Republic of China, Poland, 
Portugal, Romania, Singapore, South Africa, South Korea, Spain, Sweden, 
Switzerland, Turkey, the United Kingdom, as well as others in the 
European Commission. See Terri Bradford and Fumiko Hayashi, 
"Developments in Interchange Fees in the U.S. and Abroad" (Payments 
System Research Briefing, Federal Reserve Bank of Kansas City, April 
2008) and [hyperlink, http://www.gao.gov/products/GAO-08-558]. 

[57] These countries are part of the European Economic Area, which 
includes the 27 members of the European Union as well as the members of 
the European Free Trade Association (Iceland, Liechtenstein, Norway, 
and Switzerland). 

[58] Use of this option would have to be reconciled with state laws 
that, as previously noted, prohibit surcharges on credit card use. 

[59] See Wilko Bolt, Nicole Jonker, and Corry van Renselaar, 
"Incentives at the Counter: An Empirical Analysis of Surcharging Card 
payments and Payment Behaviour in the Netherlands," (Working paper, De 
Nederlandsche Bank, December 2008). 

[60] Federal Reserve economists noted that the extent to which 
merchants would pass on their interchange fee savings likely would 
depend on the competitiveness of the markets in which the merchants 
operate. 

[61] See Howard Chang, David S. Evans, and Daniel D. Garcia-Swartz, 
"The Effect of Regulatory Intervention in Two-Sided Markets: An 
Assessment of Interchange-Fee Capping in Australia," Review of Network 
Economics, 4(4). December 2005, 328-358. 

[62] As discussed earlier, Visa and MasterCard allow issuers to upgrade 
a card to a rewards status with higher interchange fee without issuing 
the cardholder a new card. 

[63] Card Industry Directory: The Blue Book of the Credit and Debit 
Card Industry in North America, 20th ed. (Chicago, Ill., 2008) 

[64] For a discussion of changes in Australia, Israel, and Mexico, see 
[hyperlink, http://www.gao.gov/products/GAO-08-558]. 

[65] Overall merchant discount fees may not decrease if card networks, 
issuers, or acquirers respond to decreased interchange fees by 
increasing other fees that make up total merchant discount fees. In 
addition, American Express and Discover do not have interchange fees. 
However, representatives of both card networks told us that fee limits 
likely would affect them indirectly because they would have to decrease 
their merchant discount fees to compete with the other card networks. 

[66] For example, see Severin Borenstein, A. Colin Cameron, and Richard 
Gilbert. "Do Gasoline Prices Respond Asymmetrically to Crude Oil Price 
Changes?" The Quarterly Journal of Economics, 112, no. 1 (February 
1997): 305-339. 

[67] See Robert Stillman and others. "Regulatory Intervention in the 
Payment Card Industry by the Reserve Bank of Australia: Analysis of the 
Evidence," CRA International (London, United Kingdom: Apr. 28, 2008). 

[68] Source: GAO analysis based on data presented in RBA, "Reform of 
Australia's Payment System: Issues for the 2007/2008 Review." (Sydney, 
Australia: May 2007). 

[69] NFIB Research Foundation, "Credit Cards," National Small Business 
Poll 8, no. 3 (2008). 

[70] Some entities other than card networks have rules regulating 
merchant acceptance of cards for payment. For example, as discussed 
earlier, some states have laws that prohibit merchants from adding a 
surcharge for accepting credit cards. 

[71] As discussed previously, the Department of Justice (DOJ) is 
currently reviewing whether the current rules are anticompetitive. 

[72] See Wilko Bolt, Nicole Jonker, and Corry van Renselaar, 
"Incentives at the Counter: An Empirical Analysis of Surcharging Card 
Payments and Payment Behaviour in the Netherlands," (Working paper, De 
Nederlandsche Bank, December 2008). 

[73] See David Humphrey, Moshe Kim, and Bent Vale, "Realizing the Gains 
from Electronic Payments: Costs, Pricing, and Payment Choice," Journal 
of Money, Credit and Banking 33, No. 2 (2001): 216-234. 

[74] This effect could be countered by capping the amounts merchants 
surcharged so that merchants did not charge consumers for more than 
their cost of accepting the card. 

[75] See Robert Stillman and others. "Regulatory Intervention." 

[76] East & Partners, the firm that collects the data, defines very 
small merchants as those with annual turnover between A$1 million and 
A$5 million, small merchants as those with turnover between A$5 million 
and A$20 million, large merchants as those with turnover between A$20 
million and A$340 million, and very large merchants as those with 
turnover greater than A$340 million. See East & Partners, "Australian 
Merchant Acquiring & Cards Markets: Special Question Placement Report," 
(Sydney, Australia: June 2009). 

[77] The average minimum purchase is 10 euros, and the average 
surcharge is about 2.3 percent of the sales ticket for purchases under 
this minimum amount. See Wilko Bolt, Nicole Jonker, and Corry van 
Renselaar, "Incentives at the Counter: An Empirical Analysis of 
Surcharging Card Payments and Payment Behavior in the Netherlands." 

[78] NFIB Research Foundation, "Credit Cards," National Small Business 
Poll 8, no. 3 (2008). 

[79] Both S. 1212 and H.R. 2695, described previously, contain 
exemptions from federal antitrust laws in connection with the 
negotiation process set up in those bills. The bills would exempt such 
negotiations from the antitrust laws defined in section 1 of the 
Clayton Act, 15 U.S.C. § 12, and the provisions of section 5 of the 
Federal Trade Commission Act that apply to unfair competition. 15 
U.S.C. § 45. 

[End of section] 

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