Of Eggs and Omelets – Interchange Legislation Recipe for Disaster?
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On Wednesday, July 24th, the European Commission will publish 2 widely anticipated documents. The first is the PSD II, updating the existing PSD (Payment Services Directive). The second is a new piece of proposed legislation around interchange. Interchange in Europe has long been an area of focus for the Commission, with over 30 significant investigations in the last 15 years at either country or European level. Many of these have been very public and, perhaps “personal”, with Visa and MasterCard receiving the majority of the attention. The interchange regulation therefore is anticipated with some trepidation as the Commission is seeking to draw a line under the investigations once and for all. Last week, the FT ran article based on a leaked copy of a draft of the proposal. That draft contained a range of issues, but those that have grabbed the biggest share of attention are:
- Domestic interchange rates for debit and credit to be capped at 0.2% and 0.3% respectively
- Legal separation of schemes/networks and processors