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2024 | Department Of Justice Sues Visa, Alleges The Card Issuer Monopolizes Debit Card Markets

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AP News Image | Visa

NEW YORK — The United States Justice Department has launched an antitrust case against Visa, claiming that the financial services behemoth uses its size and dominance to hinder competition in the debit card market, costing consumers and companies billions of dollars.

According to the complaint filed on Tuesday, San Francisco-based Visa penalizes retailers and banks that do not use Visa’s own payment processing system to execute debit transactions, despite the availability of alternatives. Visa earns an additional fee for each transaction processed through its network.

According to the DOJ’s complaint, Visa’s debit network processes 60% of all transactions in the United States, allowing the company to earn more than $7 billion in fees each year.

“We allege that Visa has unlawfully amassed the power to extract fees far exceeding what it could charge in a competitive market,” said Attorney General Merrick B. Garland in a statement. “Merchants and banks pass on the expenses to customers, either by raising prices or lowering quality or service. As a result, Visa’s illegal behaviour affects not just one thing, but almost everything.”

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AP News Image

Department Of Justice Sues Visa, Alleges The Card Issuer Monopolizes Debit Card Markets

According to Julie Rottenberg, Visa’s general counsel, the case fails to consider the “ever-expanding universe of companies offering new ways to pay for goods and services.”

“Today’s lawsuit ignores the reality that Visa is just one of many competitors in a debit space that is growing, with entrants who are thriving,” Rottenberg told reporters. She went on to say that the case is “meritless” and that the corporation will defend itself “vigorously.”

The Biden administration has aggressively pursued U.S. corporations claiming to function as intermediaries, such as Ticketmaster parent Live Nation and real estate software company RealPage, accusing them of burdening Americans with absurd fees and anti-competitive behavior. The administration has also charged tech behemoths like Apple and Google with monopolistic behavior.

“In some of the Justice Department’s antitrust enforcement actions, the harm caused by the alleged illegal conduct is more visible: higher prices for air travel, concert tickets, and smartphones,” Garland stated during a news conference in Washington on Tuesday. “The harmful effects of Visa’s alleged anticompetitive conduct is less visible, but they are no less harmful.”

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According to the DOJ case, filed in the United States District Court for the Southern District of New York, Visa uses the huge number of transactions on its network to impose volume commitments on merchants, their banks, and financial institutions that issue debit cards. This makes it difficult for merchants to employ alternatives to Visa’s payment processing technology, such as lower-cost or smaller payment processors, without facing what the DOJ described as “disloyalty penalties” from Visa.

The DOJ said that Visa also suppressed competition by paying to cooperate with potential competitors.

In 2020, the DOJ filed a lawsuit to prohibit the company’s $5.3 billion acquisition of financial technology startup Plaid, claiming it was a monopolistic takeover of a prospective competitor to Visa’s omnipresent payment network. That acquisition was later called off.

Visa previously revealed that the Justice Department was investigating the business in 2021, stating in a regulatory filing that it was participating in the DOJ probe into its debit operations.

visa

Department Of Justice Sues Visa, Alleges The Card Issuer Monopolizes Debit Card Markets

Since the epidemic, more consumers worldwide have been purchasing online products and services, resulting in increased revenue for Visa in the form of fees. Even historically cash-heavy establishments such as pubs, barbershops, and coffee shops have begun to accept credit or debit cards as payment, typically through cellphones.

In a note to investors, KBW analyst Sanjay Sahrani estimated that U.S. debit revenue is likely to account for only approximately 10% of Visa revenue.

“Some subset of that may be lost if there is a financial impact,” he indicated. Visa said: “U.S. consumer payments business is the slowest growing piece of the aggregate business, and to the extent its contribution is affected, it is likely to have a very limited impact on revenue growth.”

He also stated that if the lawsuit is not settled and goes to trial, it may last years.

During the quarter ending June 30, Visa handled $3.325 trillion in transactions on its network, a 7.4% increase over the previous year. U.S. payments increased by 5.1%, outpacing U.S. GDP growth.

Visa stock lost $15.85, or 5.5%, to end at $272.94 on Tuesday.

SOURCE | AP

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Elon Musk Didn’t Show Up For Testimony In A Probe Over His $44 Billion Twitter Takeover. Now The SEC Wants Sanctions

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Brazilian Supreme Court Blocks Elon Musk's X Over Legal Dispute

The Securities and Exchange Commission intends to seek sanctions against Elon Musk for failing to attend testimony in an inquiry into his acquisition of Twitter, now known as X, the agency said in a court filing Friday.

Earlier this year, a federal judge ordered Musk to testify as part of the SEC’s investigation into the billionaire’s $44 billion acquisition. The government is looking into whether Musk followed the rules when declaring his purchases of Twitter stock and whether his claims about the transaction were misleading.

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Elon Musk Didn’t Show Up For Testimony In A Probe Over His $44 Billion Twitter Takeover. Now The SEC Wants Sanctions

After some initial scheduling back and forth, the parties decided that Musk would testify on September 10, and SEC lawyers flew to Los Angeles to conduct Musk’s hearing, according to Friday’s court filing. However, three hours before Musk’s testimony was scheduled to begin, his lawyer informed the SEC that his client, who also runs SpaceX, needed to urgently travel to the East Coast for the launch of the Polaris Dawn mission and would be unable to attend or reschedule to the following day, according to the filing.

The two sides subsequently battled to locate a time to reschedule the testimony before agreeing on an early October date, according to the petition.

The SEC claims that Musk breached a court order requiring him to “seek ‘written consent of the SEC or order of the Court’ to modify the date of his testimony,” which he did not do before failing to appear on September 10.

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Elon Musk Didn’t Show Up For Testimony In A Probe Over His $44 Billion Twitter Takeover. Now The SEC Wants Sanctions

“Musk’s excuse itself smacks of gamesmanship,” the SEC wrote in its filing. “SpaceX had already announced a Tuesday morning launch two days beforehand… Musk, the company’s Chief Technical Officer, must have known by then that SpaceX planned to launch on the morning of his SEC appearance.

It proceeded with this: “Despite this advance knowledge, Musk did not notify the SEC of his intent to attend the launch until three hours before his testimony was to begin, and after the SEC spent thousands of dollars to fly three attorneys to Los Angeles.”

Musk has already attempted to deflect calls to testify again in the investigation, claiming that he has already done so twice.

The SEC requested that the court impose “meaningful conditional relief” if Musk does not arrive for the revised October testimony date. The SEC also stated that it expects to file a sanctions motion against Musk to recoup its travel expenses for the canceled testimony, as well as additional relief.

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Elon Musk Didn’t Show Up For Testimony In A Probe Over His $44 Billion Twitter Takeover. Now The SEC Wants Sanctions

Musk’s lawyers responded that the Court’s intervention was unnecessary, as the parties had already agreed on a fresh testimony date… This Court has already ordered Mr. Musk to attend ‘absent an emergency that (Mr. Musk) did not create and could not avoid.'”

The complaint is the latest escalation in Musk’s long-running feud with the SEC, which began in 2018 when the agency sued him for falsely claiming that he had “funding secured” to take Tesla private.

SOURCE | CNN

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Jimmy Carter Receives Holbrooke Award From Dayton Literary Peace Prize Foundation

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NEW YORK — Less than two weeks before his 100th birthday, former President Jimmy Carter will receive a lifetime achievement award from the Dayton Literary Peace Prize Foundation, which has waived its usual requirement that the honor collects the honour in person.

Jimmy received this year’s Ambassador Richard C. Holbrooke Distinguished Achievement Award, named after the late diplomat, according to the Ohio-based organization on Thursday. Carter was given the Nobel Peace Prize in 2002 for his human rights advocacy and for brokering accords between Egypt and Israel, such as the Camp David Accord.

Carter, who turns 100 on October 1, is receiving hospice care in Plains, Georgia. His grandson, Jason Carter, will accept the prize on his behalf at a November ceremony honoring the former president’s peace efforts and authorship of more than 30 books, which the foundation describes as “the power of the written word to foster peace, social justice, and global understanding.”

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Jimmy Carter Receives Holbrooke Award From Dayton Literary Peace Prize Foundation

“For the past 17 years, one of the standing requirements to receive the Ambassador Richard C. Holbrooke Distinguished Achievement Award was a guarantee that the recipient would appear in person in Dayton, Ohio for an on-stage interview and an awards ceremony,” Nicholas A. Raines, executive director of the Dayton foundation, said in a statement. “This year we have decided to waive that requirement and present the award in absentia, to President Jimmy Carter.”

According to Jason Carter, his grandfather’s “most enduring interests have been a devotion to literature and a near-constant pursuit of a peaceful resolution to conflict.”

“It is gratifying to have the Dayton Literary Peace Prize Foundation choose to honour my grandfather with the Ambassador Richard C. Holbrooke Distinguished Achievement Award for a lifetime of work melding two of his loves — literature and peace,” Mr. Carter said.

Jimmy Carter Receives Holbrooke Award From Dayton Literary Peace Prize Foundation

On Thursday, the Foundation also announced that Paul Lynch’s “Prophet Song” received the Dayton Literary Peace Prize for Fiction, while Victor Luckerson’s “Built from the Fire” won for Nonfiction.

Lynch and Luckerson will each get $10,000. Fiction runner-up Anne Berest of “The Postcard” and nonfiction finalist Tania Branigan of “Red Memory” will each get $5,000.

SOURCE | AP

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The Next Generation Of Buffett Is Poised To Become One Of The Biggest Forces In Philanthropy

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OMAHA, Nebraska – The next generation of Buffetts — Howard, Susie, and Peter — is ready to become one of the most powerful forces in charity when their 94-year-old father, Warren Buffett, the famed businessman and Berkshire Hathaway head, dies.

However, this was not always the case.

Buffett stated in June that when he dies, he will transfer his fortune, now worth almost $144 billion, to a philanthropic trust run by his three children, rather than the Gates Foundation, as he had indicated 18 years ago.

Warren Buffett stated that the next generation of Buffetts will have ten years to distribute the money.

Meanwhile, the elder Buffett continues to make generous annual donations to the Gates Foundation and his four family foundations, which will continue throughout his life. In November, he initially revealed plans to establish a new charity trust.

Howard Buffett told The Associated Press that he has discovered that what his father taught him and his brothers about charity is correct: “It’s not so easy to give money away if you want to do it smart, if you want to be intelligent about it.”

Howard Buffett, the middle Buffett kid, said his father is as brilliant as ever and intends to live a long life, adding, “It’s pretty amazing that he’s giving us this opportunity.”

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The Next Generation Of Buffett Is Poised To Become One Of The Biggest Forces In Philanthropy

Since 2006, Buffett has made major annual gifts to Bill Gates and Melinda French Gates foundation, totaling $43 billion.

“Wealthy people don’t tend to give their money to others to give away,” said James Ferris, founding director of the University of Southern California’s Centre on Philanthropy and Public Policy. However, many of the wealthiest people are unwilling to pass on their assets to the next generation, fearing that it will limit their innovation, he added.

Ferris believes the story of Buffett’s shifting philanthropic goals is a positive one. “It shows how a donor is making choices and is adapting to circumstances,” he told me.

The Gates Foundation did not specify when it learned of Buffett’s decision or what it would do for its budget. According to a prior statement, “Warren Buffett has been exceedingly generous,” and he has “played an invaluable role in championing and shaping the foundation’s work to create a world where every person can live a healthy, productive life.”

Buffett has made significant annual donations to the Gates Foundation, as well as billions of dollars to organizations administered by his three children and a fourth family foundation. Their study sheds some light on the goals of the next generation of Buffetts.

The Susan Thompson Buffett Foundation, named after Warren Buffett’s first wife, receives the most donations. It funds organizations that provide reproductive health care and access to contraception and abortion all around the world. Susie Buffett, 71, is the board chair, while Peter Buffett, 66, is a board member.

Susie Buffett also directs The Sherwood Foundation, a prominent national supporter of early childhood development that awards funds to organizations and projects in Omaha, Nebraska, the Buffetts’ hometown.

Peter Buffett’s NoVo Foundation has provided significant funding to organizations pushing for girls’ and women’s autonomy as well as against gender-based violence. In 2020, Peter and his wife, Jennifer, chose to shift their focus, increasing their support for Native American tribes and programs aimed at building sustainable, local communities with a focus on agriculture and food security.

The Howard G. Buffett Foundation has prioritised conflict resolution and agriculture around the world. Since 2022, it has provided around $800 million, more than most other countries, to humanitarian projects in Ukraine during the country’s conflict with Russia. These include aiding food distribution in schools, demining initiatives, and the reconstruction of a large publishing enterprise and a critical grain transport bridge.

In a somewhat rare interview for a family that rarely speaks with the media, Howard Buffett, 69, said he couldn’t anticipate how he and his siblings would distribute their father’s riches. However, he stated that they would continue to take risks and find ways to make the most difference, as their father had suggested.

“I can tell you, we’ll sit down in a room when the time comes, and we’ll get it figured out pretty quickly,” he said, admitting that the instruction to distribute all the money within ten years was difficult.

He praised the siblings’ diverse perspectives and methods to donating.

“What this is going to do is we’re going to bring all of our collective experience together,” he told me.

However, don’t expect to see the family name on many structures, since the brothers have mostly avoided it despite giving away more than $15 billion of their father’s money since 2006.

According to Kathleen Enright, president and CEO of the Council on Foundations, the Buffetts have effectively turned philanthropy into a family business, with the following generation of donors having established long-lasting institutions in their foundations.

“It is a big deal,” she remarked of the amount of money that the Buffetts are planning to give away, emphasizing that because the fortune is expected to increase, they will have to give away large sums to spend it down.

The short time span for giving away his riches after his death mirrors one of Warren Buffett’s traditional requirements for philanthropic donations. He has directed the Gates Foundation and his family’s foundations to distribute the entire amount they received within a year.

The next generation of Buffetts has run their foundations with small staffs, much like Warren Buffett supervises his massive Berkshire Hathaway conglomerate, which has only roughly two dozen personnel at its Omaha headquarters.

The Next Generation Of Buffett Is Poised To Become One Of The Biggest Forces In Philanthropy

Howard Buffett said his foundation had less than ten employees. Tax papers show that it granted $458.1 million in 2023. He recognized that his “lean” crew has some capacity limitations, but claimed they’ve expanded their work by developing strong and long-term connections with other organizations to assist in implementing their ideas.

In comparison, the Gates Foundation has one of the greatest endowments, at $75.2 billion, thanks to donations from Bill Gates and Warren Buffett. It employs nearly 2,000 individuals, many of whom are technical experts from around the world, and is well-known for offering highly targeted awards with stringent reporting requirements. The organization has said that it will cease operations within 25 years after its founders’ deaths.

Howard Buffett like a challenge and believes that affluent people should give their money away during their lifetimes rather than leaving it in eternal foundations.

“Someone is going to spend the money. “Someone is going to give that money away,” he explained. “So, I would rather do that with my brother and sister and do it together, as a partnership, than see it done any other way.”

SOURCE | AP

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