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Revolut and Visa file legal challenges over PSR's plan to cap fees

Revolut and Visa have filed legal challenges against the Payment Systems Regulator over the UK watchdog's decision to cap interchange fees on cross-border online payments, according to the Financial Times.

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Revolut and Visa file legal challenges over PSR's plan to cap fees

Editorial

This content has been selected, created and edited by the Finextra editorial team based upon its relevance and interest to our community.

Late last year, the PSR decided to push ahead with plans to introduce a price cap on the fees Visa and Mastercard charge UK merchants when European shoppers make online purchases.

Explaining its decision, the regulator said that, over the course of 2021 and 2022 Mastercard and Visa raised their cross-border interchange fees fivefold from 0.2% to 1.15% for debit cards and 0.3% to 1.5% for credit cards. This post-Brexit increase, claimed the PSR, is costing businesses £150-200 million extra per year.

Now, industry players are pushing back. Revolut has applied for a judicial review of the plan, according to the FT.

“We disagree with the PSR’s assessment and believe it has acted beyond its statutory powers in imposing these caps. We have therefore requested the court to review, and ultimately overturn the PSR’s decision,” says the fintech giant.

Meanwhile, Visa says: “We respect the PSR’s role as an economic regulator. This narrow legal action is focused only on the PSR’s legal authorisation and process related to price setting to ensure a fair and thorough process, and give clarity to the industry. This is critical to future growth and investment in the UK.”

The PSR plans to defend its decision "robustly," says the FT, citing a person familiar with the watchdog's thinking.

Earlier this week, the PSR said it would take action against Visa and Mastercard over sharp increases in processing fees for domestic payments.

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Comments: (1)

Jeremy Light

Jeremy Light Co-founder at Fourdotzero

Card interchange fees are anti-competitive by incentivising high costs, inhibit innovation by providing little incentive for issuers to innovate with new payment methods and harm end-users who over-pay for goods and services and without their knowledge.

Although I am the last person to encourage regulation, given these points, the PSR is perfectly within its right to cap interchange fees, epecially since its objectives are to enable competition, innovation and end-user benefits.

The issue with interchange is the payers who ultimately pay it, consumers, have no choice in the matter and no knowledge of it. Interchange is set by card networks, disbursed to card issuers (who naturally choose the card network with the highest interchange), paid by acquirers who have no choice but to pay it, who collect it from merchants (the same, regardless of which acquirer they choose) who include it in the price of their goods and services paid by consumers.

Instead of caps, an alternative remedy would be to require merchants to separate the acquiring fee they pay on each sale from the sales price, charge it separately and display it on POS receipts and online checkouts. 

Thus, consumers would see the cost of the payment method they use and pay for it. As well as being fairer, through eliminating the subsidy of consumers with high cost credit and charge cards (gold, platinum etc) by those using low cost debit cards, this would encourage competition between different types of card and between different payment methods. In turn, this would lead to innovation with improved and new payment methods, benefiting consumers and society as a whole.

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