Justice Department Sues to Block Visa's Proposed Acquisition of Plaid
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My understanding is that Plaid would/could charge significantly less (up to 50% less) than Visa currently does.
And that's the value of competition. Not necessarily as a race to the bottom (as we've seen in the airline industry, but that's another topic), but in providing Visa's customers with viable, more cost-effective alternatives.
And that's been a problem (at least in the US) for a long time. Big corporations buying up potential competitors in order to maintain both their market share and their overpriced offerings.
Were airlines very different in the past?
Yes, they were much more expensive, but used to provide more for free. There was a time they even had legroom.
https://www.theatlantic.com/business/archive/2013/02/how-air...
I remember not long ago when flying was a serious financial commitment. Flying economy from LA to NYC might set you back $600 in 2000 dollars ($900 today). Now you can find a ton of flights for under $400.
I don't want to go back to the way it was.
To see the continued slide take a look at basic economy and carriers like Spirit (to which basic economy is a response to). No assigned seats, no carry on bags, no drinks on the plane. They’d offer standing room only and charge for the restroom if they could get away with it.
If you drop your fees so low your customers get pissed, well then, you'll loose customers. Or if you can't afford to maintain infrastructure, then you'll lose customers due to your unreliability.
A race to the bottom is the reason we have 60" flat screen TVs that are better quality and cost a fraction of what a similar TV cost 10 years ago. It's a good thing.
The race to the bottom in the airline industry was entirely driven by consumers who were willing to put up with crappy seat just to save $10. They got exactly what they wanted.
That said, we are seeing a shift toward premium economy. Basically some airline said "I'll bet there are some customers will to pay more to get more" and they were right.
HN likes to talk about the "race to the bottom" as some failing of capitalism, when it's actually working exactly as it should. "The market" doesn't get it right every time - plenty of companies make the wrong trade off - but the consumer is the ultimate decision maker if the tradeoff is worth it.
And it often ends up warping the market so that choice is removed, a premium economy does not always spring up. To take your TV example, modern mainstream TVs now bundle spyware/malware/adware. Yes the hardware is better than it was, but it is being invisibly subsidised by the reduction in ethical standards. And now none of the major players can now afford not to do it if they want to compete. Is this exactly what people wanted? The market no longer offers allows them to choose and they aren't being fully informed about the implications.
It's really a failing of marketing - being unable to continue to justify the price of a product (whether it was warranted or not).
No one seriously argues against weights and measures legislation. We've supposedly had an information revolution but I still can't really trust any source of product information online.
Another good example is FDIC insurance. We could have little to no banking regulations, but that would also introduce a lot of uncertainty and result in wild swings when the economic situation changes. Tell depositers that the gov't will back their savings helps stabilize the banking system which actually benefits the market (the same way a stable and predictable government/legal system benefits the market).
When you wrote "as some failing of capitalism", I believe the economic concept of "market forces" would have conveyed the same message better, compared to the larger concept of capitalism, which is essentially a political ideology that can trigger disagreement from people who have benefited from competing political ideologies like socialism.
Essentially, what I'm getting at is that a race to the bottom can happen as long as there are market forces at play, even if the society itself is not running a pure capitalist system like China (which IMHO is a cross between capitalism + communism vs. capitalism + democracy).
For instance, Uber China was forced to quit in 2016. They sold to rival Didi Chuxing because they couldn't keep up with the race to the bottom by them.
In the case of airlines, customers thought they (only) wanted the lowest price, so airlines (helped by non-transparent UIs at ticket comparison sites like Expedia, Kayak, etc) actually reduced the quality of the product by removing features (pillows, blankets, food, drinks, seat size, seat selection, changeability, eligibility for upgrades, etc).
Premium Economy in most cases is just charging customers for what they used to get in Economy.
So now TV manufacturers are supposed to sell the razor at or near cost and make it up on the blades of user surveillance.
Would people pay another $50 or $100 to turn it off? It's not clear that they'll ever get the chance.
I cited IAPs specifically because Apple is indeed only providing the payment system, there. There's no download or anything else (already paid for, via the developer program anyway).
One day we’ll see flight aggregators that allow you to specify how much luggage you have, how tall you are, what kind of seat you want, if you want a decent meal, etc, and will give you a unified seat price.
Even with the charges, given that you have to commute to and from the airport, that cost is basically removed with trains.
Plaid has a ton of bank account and transaction data on competitors to Visa that gives it a ridiculous advantage over its competitors.
Fascinating. I think the line that DOJ is drawing is tenuous. It is not like removing Plaid from the marketplace would remove dangers to Visa's debit card monopoly. Wouldn't a Google/Apple/FB/Amazon be more of a platform threat. Google/Paypal already do this when you can directly pay from bank account to merchant. How does this help?
Apple and Google wallet are integrated into the credit card processing infrastructure. So they don't compete with Visa, their payments still go over Visa's rails.
Plaid's killer feature has always been their private access to APIs that the banks won't give to anyone else. It's essentially like they're using modern web APIs while everyone else is using snail mail (i.e. ACH, bank transfers that settle in batches once per day). I'm not exactly sure how they struck those deals and why there is no reasonable, open integration path or payments protocols between banks in the US like there is in every other developed country. Is it just that the banks like making their $15 per wire transfer? It feels like there's got to be more to it but I'm not sure.
But regardless, where we've ended up is the banks have fought so well to keep everybody out of their collective walled garden, but somehow Plaid has snuck in under the radar and has become so large and entrenched that they are themselves being called the monopolist, rather than the banks that own and control the system but of which there are multiple. I don't know enough about the details of Plaid's business though to weigh in on whether there's any truth to these claims.
When I link a Capital One account, I get an OAuth-style flow and the ability to select which accounts I share directly on the C1 website. The sites I use this on show up as "Linked Apps" in my security settings in C1.
Others use the credentials-based flow.
We need something like UPI (india) or Wechat (china) in the US. Zelle is a poor substitute.
> We need something like UPI (india) or Wechat (china) in the US. Zelle is a poor substitute.
Why is zelle a poor substitute? I can pay people via phone number.
From the perspective that instant payments should be an inexpensive, accessible utility for the benefit of all citizens, the Fed's FedNow efforts are preferable to Zelle or legacy ACH services.
[1] https://en.wikipedia.org/wiki/Zelle_(payment_service)
[2] https://corpgov.law.harvard.edu/2020/08/31/fednow-the-federa...
Paypal uses ACH under the hood (it's one of only two options, the other being wire transfers which are expensive and often even need to have humans in the loop). So they guarantee the payment to the seller, and then as the buyer your bank account gets charged up to a day later when the ACH batch processing goes through. If you don't have enough money in your bank when that happens, it gets rejected and Paypal takes on that loss unless they can recover it from you via collections system.
To limit their risk, Paypal even uses Plaid in some cases to check your bank account balance before deciding whether to allow your payment to go through! But even that isn't a guarantee, because you could always have made multiple ACH payments that day of which some might go through and some could fail due to lack of funds. It's like trying to prevent a race condition in a multithreaded program by just checking the value again closer to where the race occurs, it might make the issue happen a little bit less often but to actually solve the problem you need certain atomic primitives which the US bank transfer system completely lacks.
These private apis will soon no longer be private due to Open Banking/PSD2 (europe) regulations. Plaid's biggest competitive advantage was removing the complexity of various data formats and APIs of banks. This variance will soon be gone in the coming years.
Generally innovating through regulation is bad and I don't support it. But I think the aversion to it in the US is what creates these monopolies in the first place and in this specific use case, I think it's a faster way to solve the problem.
This is an example of what becomes possible (no card details and low fees):
https://techcrunch.com/2019/01/29/truelayers-payments-api-le...
This quote makes it sound like Visa is acting monopolistic, which is the behavior they don't want to see.
Rest of the paragraph
> This acquisition is the second-largest in Visa’s history, with an extraordinary price tag of $5.3 billion. Visa’s CEO justified the deal to Visa’s Board of Directors as a “strategic, not financial” move, and noted that in part because “our US debit business i[s] critical and we must always do what it takes to protect this business.” Unless acquired, Visa feared that Plaid “on their own or owned by a competitor [was] going to create some threat” with a “potential downside risk of $300-500M in our US debit business” by 2024. If Plaid remained free to develop its competing payment platform, then “Visa may be forced to accept lower margins or not have a competitive offering.”
Or you're right and CEOs of huge multi-international companies are a lot more stupid than we previously thought.
Plaid is literally the only way to do ACH without microdeposit verification. There is no reason Plaid should have a monopoly on this. If banks opened up APIs for bank account verification, then anyone could compete with Plaid.
As usual the Justice Department doesn't know what they're talking about.
One final point: the future relevance of 'bank integration as an API' companies, such as plaid, is really murky. With the advent of Open Banking regulations, real time national payment systems etc the difficulty of integrating various banks using a single API will be drastically reduced.
The only way to do that in what context? When I had a very tiny freelance IT consulting side business in 2011 (and maybe some of 2010), TD Bank was happy to sell me ACH origination access as part of my business account.
Yeah they charged me $10 per batch, so not great for a micro use case, but more tolerable when there are a bunch of higher-price-tag transactions per batch. They didn't require me to do any verification of the other account - they couldn't since the other account didn't have to be mine. I just had to agree to follow NACHA rules and I could put in any account number and routing number I wanted. It's amazing how much access a random individual is easily granted to pull and push money... (Obviously I didn't abuse it, and the blowback following a complaint would have been severe if I had.)
What revisions would you like to see? The underlying activities that make up the behavior we call "antitrust" haven't really changed.
I'd say the solution is much more about muscular enforcement than revising the law.
That said, there may be something I'm missing here.
I take your point. However, at least in the United States[0], the law does not require an entity to be a monopoly to engage in behavior that is anticompetitive and/or violates anti-trust laws.
In fact, the topic at hand (Visa's proposed acquisition of Plaid) doesn't have a "monopoly" component at all.
Rather, IIUC the DOJ is arguing that it runs afoul of section 7 of the Clayton Antitrust Act[1] which addresses mergers and acquisitions that limit competition.
I don't disagree with your assessment of the situation, but I do think that existing law (and jurisprudence expanding on that law) address the vast majority of the issues impact competition today.
[0] https://en.wikipedia.org/wiki/United_States_antitrust_law
[1] https://en.wikipedia.org/wiki/Clayton_Act_of_1914#Section_7
I would also allow sufficiently-employee-owned companies to be exempt in certain respects, to keep the co-op path to socialism open :).
What might those "higher order effects" be?
I'm not being snarky here, I'm just not clear what it is that you're arguing for that makes "consumer welfare" unimportant.
It's a provocative position, but you haven't given enough information to evaluate it. Any help you could provide would be greatly appreciated!
A quick google gave me https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?articl..., which from the little I read does a great job of explaining what's going on.
It looks to me that Sherman act might not be applied to app stores because it excludes 'historic accident and growth' - but could it be up to discussion, because Apple and Google have changed rules after getting dominant position? Specifically preventing external payment mechanisms.
https://www.ftc.gov/tips-advice/competition-guidance/guide-a...
https://www.justice.gov/atr/competition-and-monopoly-single-...
https://www.npr.org/sections/money/2019/04/03/709656642/epis...
https://www.justice.gov/opa/pr/justice-department-requires-d...
By the way, you can see Plaid's docs about money transfer here: https://plaid.com/docs/bank-transfers/ - don't think it's operational / available to the public yet tho
But definitely, if Plaid can create their own rails (using the bank accounts' ACH/Wire systems), it would definitely be competitive to Visa in certain situations. You can let your mind fly, and it would take some time to proliferate. But many online merchants already allow ACH-payments. This would make it even easier.
Having banks build payment networks from scratch with all kinds of weird fee structures, security problems, and other caveats really really sucks.
Also, even with signatures you still need some way to reverse errant and malicious charges. Cryptography isn’t a panacea for solving all real world problems.
Maybe some kind of USB/Bluetooth device that can authorize your physical debit card can let online merchants debit bank accounts securely. I know they have had something similar in the UK for decades.
This is a direct quote from the plaintiff's argument:
"While Plaid’s existing technology does not compete directly with Visa today, Plaid is planning to leverage that technology, combined with its existing relationships with banks and consumers, to facilitate transactions between consumers and merchants in competition with Visa. Like Visa’s online debit services, Plaid’s new debit service would enable consumers to pay for goods and services online with money debited from their bank accounts."
I'm not a lawyer nor an expert in payments but this seems like a stretch to me.
- That ignores FANG platforms that could implement similar money-moving features.
- Stripe trotted out their "Banking as a Service" APIs today.
- Let's not forget the Chinese giants that have obviated the day-to-day need for credit card networks in their country, whose strategists (and imitators) are eyeing global markets.
If Visa's approach to this competitive threat is really acquire-and-kill, I hate to break it to them but... not even they can afford it. With all the innovation and competition in the space, best case scenario is that they bought themselves a year. And it turns out that, oops, Plaid wasn't even the closest. Stripe was.
The case for monopolistic harm is slim. Even if there was monopolistic intent, it was probably incompetent.
(In reality, I think the only fintech revolution that might be around the corner is new services the federal reserve rolls out)
Plaid is planning to do ACH payments themselves and have a private beta.
This feels like one of those situations where two parties were so conspicuous is making an anti-trust case that the DOJ could not do anything but prosecute.
That is, unless, I have the humility to earnestly be cognizant of the possibility that I could be wrong about what I believe. If I have that humility, I might choose to temper my criticism of others.