The Senate Judiciary Committee convened on Tuesday for a hearing on the alleged Visa–Mastercard “duopoly,” which committee members from both sides of the aisle say has left retailers and other small businesses with no ability to negotiate interchange fees on credit card transactions.
“This is an odd grouping. The most conservative and the most liberal members happen to agree that we have to do something about this situation,” committee chair and Democratic Illinois Sen. Dick Durbin said.
Interchange fees, also known as swipe fees, are paid from a merchant’s bank account to the cardholder’s bank, whenever a customer uses a credit card in a retail purchase. Visa and Mastercard have a combined market cap of more than $1 trillion, and control 80% of the market.
“In 2023 alone, Visa and Mastercard charged merchants more than $100 billion in credit card fees, mostly in the form of interchange fees,” Durbin told the committee.
Durbin, along with Republican Kansas Sen. Roger Marshall, have co-sponsored the bipartisan Credit Card Competition Act, which takes aim at Visa and Mastercard’s market dominance by requiring banks with more than $100 billion in assets to offer at least one other payment network on their cards, besides Visa and Mastercard.
“This way, small businesses would finally have a real choice: they can route credit card transactions on the Visa or Mastercard network and continue to pay interchange fees that often rank as their second or biggest expense, or they could select a lower cost alternative,” Durbin told the committee.
Visa and Mastercard, however, stand by their swipe fees.
“We consider them incentives, some people might consider them penalties. But if you can adopt new technology that reduces the risk and takes fraud out of the system and improves streamlined processing, then you would qualify for lower interchange rates,” said Bill Sheedy, senior advisor to Visa CEO Ryan McInerney. “It’s very expensive to issue a product and to provide payment guarantee and online customer service, zero liability. All of those things, and many more, senator, get factored into interchange [fees].”
The executives also warned against the Credit Card Competition Act, with Sheedy claiming that it “would remove consumer control over their own payment decisions, reduce competition, impose technology sharing mandates and pick winners and losers by favoring certain competitors over others.”
“Why do we know this? Because we’ve seen it before,” Mastercard President of Americas Linda Kirkpatrick said, in reference to the Durbin amendment to the 2010 Dodd-Frank Act, which required the Fed to limit fees on retailers for transactions using debit cards. “Since debit regulation took hold, debit rewards were eliminated, fees went up, access to capital diminished, and competition was stifled.”
But the current high credit card swipe fees for retailers translate to higher prices for consumers, the National Retail Federation told the committee in a letter ahead of the hearing. The Credit Card Competition Act, the retail industry’s largest trade association wrote, will deliver “fairness and transparency to the payment system and relief to American business and consumers.”
“When we think of consumer spending, credit card swipe fees are not the first thing that comes to mind, yet those fees are a surprisingly large part of consumer spending,” Notre Dame University law professor Roger Alford said. “Last year, the average American spent $1,100 in swipe fees, more than they spent on pets, coffee or alcohol.”
Visa and Mastercard agreed to a $30 billion settlement in March meant to reduce their swipe fees by four basis points for three years, but a federal judge rejected the settlement in June, saying they could afford to pay more.
Visa is also battling a Justice Department lawsuit filed in September. The payment network is accused of maintaining an illegal monopoly over debit card payment networks, which has affected “the price of nearly everything,” according to Attorney General Merrick Garland.
Check out the companies making headlines before the bell. Novo Nordisk – Shares plunged more than 19% after the Danish pharmaceutical giant reported disappointing late-stage trial results for its experimental weight loss drug, CagriSema. Rival obesity drug maker Eli Lilly rose more than 6% following the results. FedEx – Shares jumped 8.5% after FedEx announced a spinoff of its freight business . Elsewhere, the company said earnings per share for the fiscal second quarter came in at $4.05, excluding items, while analysts polled by LSEG anticipated just $3.90. On the other hand, the company saw $21.97 billion in revenue for the quarter, under the consensus forecast of $22.10 billion. Nike – The athletic apparel retailer’s stock sank more than 7%. Nike topped Wall Street’s already low expectations but showed a decline in revenue and earnings year over year. The company’s CEO also said that Nike’s turnaround plan could take longer than anticipated. Mission Produce – The stock advanced more than 10% following the avocado producer’s better-than-expected results for the fiscal fourth quarter. U.S. Steel – The steel producer shed 6% after issuing weak fourth-quarter guidance. For its current quarter, U.S. Steel expects a loss between 25 cents to 29 cents per share. On the other hand, analysts polled by FactSet had expected a per-share profit of 22 cents. Tesla – Shares fell nearly 5%, extending the almost 1% loss seen in the previous session. The stock is coming under pressuring during the overall market sell-off as investors take profits on some of the big election winners. Occidental Petroleum – The stock gained around 2% after Warren Buffett’s Berkshire Hathaway disclosed that it purchased shares of the energy company . Meanwhile, shares of Sirius XM and VeriSign – two other names that Berkshire Hathaway disclosed it had purchased shares of – were up more than 1% and down 0.2%, respectively. Micron Technology – The chipmaker fell 2.9%, extending its slide one day after Micron posted its worst day since March 2020. The move comes after Micron posted disappointing second-quarter guidance . Trump Media – The stock lost more than 5% on the heels of President-elect Donald Trump transferring his entire stake of the company’s shares to a revocable trust . The stock’s fall also comes after a House Republican spending deal backed by the former president to avert a government shutdown failed Thursday night . Starbucks – The coffee giant slipped about 1%. Baristas in Los Angeles, Chicago and Seattle are set to strike Friday morning , demanding better wages and schedules. The Workers Union, which represents baristas at 525 Starbucks stores, said walkouts could escalate nationwide by Christmas Eve. Crypto-linked stocks – Shares of MicroStrategy and Coinbase each declined about 5.5%, continuing their slump as bitcoin prices fall from their highs . Robinhood shares shed 6%. The cryptocurrency has had an aggressive sell-off since the Federal Reserve on Wednesday cautioned fewer rate cuts next year, which hit equity and crypto markets. — CNBC’s Alex Harring, Samantha Subin, Sarah Min, Pia Singh, Lisa Kailai Han and Michelle Fox Theobald contributed reporting.
Warren Buffett poses with Martin, the Geico gecko, ahead of the Berkshire Hathaway Annual Shareholder’s Meeting in Omaha, Nebraska on May 3rd, 2024.
David A. Grogan | CNBC
Warren Buffett went on bit of a shopping spree in the stock market before Christmas, picking up shares of Occidental Petroleum among others during a swift December sell-off.
Berkshire Hathaway purchased additional 8.9 million shares in the Houston-based energy producer for $405 million through transactions Tuesday, Wednesday and Thursday, pushing its stake above 28%, according to a regulatory filing late Thursday night.
During the same time frame, the Omaha-based conglomerate also bought about 5 million shares of Sirius XM for around $113 million as well as about 234,000 shares of VeriSign for roughly $45 million. These two stakes are much smaller in size, so these transactions could be made by Buffett’s investing lieutenants Todd Combs and Ted Weschler.
All told, Berkshire bought over $560 million worth of stocks over the last three sessions.
The 92-year-old legendary investor appeared to have taken advantage of a broad market pullback that made these stocks much cheaper.
Occidental shares have dropped more than 10% this month, bringing its 2024 losses to 24%. The energy company, once known for being founded by legendary oilman Armand Hammer, is Berkshire’s sixth-biggest equity holding. Buffett has ruled out a full takeover.
Occidental Petroleum
The sell-off in Sirius XM has been more dramatic. The New York-based satellite radio company is currently in its six-day losing streak, falling 23% this month and 62% this year.
Berkshire started hiking this bet after billionaire John Malone’s Liberty Media completed its deal in early September to combine its tracking stocks with the rest of the audio entertainment company. Now, Berkshire’s stake has risen to about 35%. SiriusXM has been grappling with subscriber losses and unfavorable demographic shifts.
Internet name VeriSign has also had a rough year with its stock down 6% in 2024, significantly underperforming the tech sector. Berkshire first bought the tech stock in 2013 and hasn’t adjusted the stake in years.
Check out the companies making headlines in after-hours trading. FedEx – Shares rose 8% following the delivery giant’s better-than-expected earnings. For its fiscal second quarter, FedEx reported adjusted earnings of $4.05 per share, above the $3.90 per share that analysts surveyed by LSEG were expecting. Revenue, however, came in weaker-than-expected. The company also announced that it’s planning on spinning off its freight business . Nike – The retailer’s stock popped around 6% after its fiscal second quarter results topped Wall Street estimates . Nike earned 78 cents per share on $12.35 billion in revenue. Analysts were expecting 63 cents per share on revenue of $12.13 billion, according to LSEG. Mission Produce – Shares gained 9% on the heels of the company’s fiscal fourth quarter results beating analysts’ expectations. Mission Produce posted adjusted earnings of 28 cents per share on revenue of $354.4 million. That’s an improvement from the 11 cents per share in adjusted earnings the company posted in the year-ago period. Revenue also rose 37% from a year earlier. U.S. Steel – Shares fell more than 4% after the steel producer issued weak guidance for its fourth quarter. U.S. Steel expects a loss between 25 cents and 29 cents per share for the period, while analysts were looking for a projected profit of 22 cents per share, per FactSet.