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Education








                                             Legal ease:





                                Legal strategies for ISOs


                        facing processor consolidation





        By Adam Atlas                                           of competition, which would be evidenced by reduced
        Attorney at Law                                         pricing competition or reduced competition in the variety
                                                                of product offerings.
                  few weeks ago, I published a chart on my
                  LinkedIn feed of the U.S. processor fami-     If  this  did  happen  in  the  market  for  the  supply  of
                  ly tree:  www.linkedin.com/posts/adamatlas_   processing to merchants, merchants could come together
        A us-payment-processing-family-tree-activity-           and claim that the concentration of suppliers was so
        6575023887879331840-IJjc. I put the chart togeth-       great as to be illegal. Merchants, as any ISO knows, are
        er because with all the recent mergers and
        acquisitions,  I  could  not  keep  track  of  who
        owned whom.

        It turns out I was not alone; the chart's popularity
        almost broke my LinkedIn account. The purpose
        of this article is to give ISOs legal perspectives  We’re More Than an Authorization
        and strategies in a market that, despite all the   We’re The Best Solution For You and Your Merchants
        innovation, is arguably less competitive than it
        was only a few years ago.

        Is it time to consider anti-trust claims?
        WorldPay, Vantiv, NPC and Litle used to compete
        with each other; now they are under common
        ownership. Similarly, Global, TSYS, Heartland,
        TransFirst and Cayan have fallen under a                                       QUICKBOOKS    DEVELOPERS
        common umbrella.                                          RETAIL/POS

        The Sherman Act, enforced in part by the Federal
        Trade Commission, prohibits anticompetitive
        agreements   and   unilateral  conduct  that
        monopolizes or attempts to monopolize the                                        MOBILE      eCOMMERCE
        relevant market. So what is the relevant market?
        A number of markets  are relevant to an anti-
        trust claim in our industry – which is precisely     Plus ePN offers customized, versatile services
        why there might never be such a claim.                     to help you support your business
                                                       EMV • Level III • Inventory • CDM • QuickBooks • Bill Pay • Recurring Payments
        The relevant markets are those  that procure
        services from processors, such as merchants      Through our ePN Partnership, ISOs/MSPs will experience:
        and banks, and those that supply services to       •  No fee, lead distribution
        processors, such as ISOs, payfacs, card issuing     •  FREE online documentation, development test account, and sample code for
        program managers and others.                         experienced developers
                                                           •  FREE brandable marketing materials through our Reseller Support Center
        Impact in merchant services market
                                                           (800) 296-4810 • eProcessingNetwork.com
        It's possible today's extreme concentration of
        processing services may result in a decrease    © eProcessing Network, LLC. All Rights Reserved. All trademarks are the property of their respective holders.
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