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The prime US client finance watchdog has raised doubts about megamergers within the bank card business, simply as Capital One makes an attempt to shut its $35.3bn takeover of card issuer Discover Financial Services.

Rohit Chopra, director of the Consumer Financial Protection Bureau, warned in regards to the results of enormous offers on competitors and monetary stability. His personal company has additionally been sharpening its deal with segments of the bank card business together with subprime, cashback and third-party rewards.

Capital One agreed in February to accumulate Discover in one of many banking business’s greatest offers for the reason that 2008 monetary disaster. The takeover is now present process scrutiny by banking regulators.

The CFPB can not block this deal as Capital One has filed an software with different businesses. But Chopra mentioned his company “is regularly consulted on merger issues”.

He declined to remark “specifically” on Capital One and Discover, however made clear his considerations in regards to the mixture of two “large issuers . . . that compete in a number” of bank card sub-markets, calling it “a very significant transaction”.

“That’s going to require some very, very close analysis,” he mentioned.

The warning pictures underscore the scepticism that regulators will permit the deal to undergo, which Capital One in February mentioned it anticipated would shut in late 2024 or early 2025. Discover’s inventory is buying and selling at a roughly 15 per cent low cost to the all-stock deal worth, reflecting investor doubts in regards to the acquisition. 

The proposed tie-up comes as President Joe Biden’s administration has unleashed a crackdown on anti-competitive conduct throughout the US financial system, and federal regulators have proposed new limits on massive financial institution tie-ups.

“There has been a shift in thinking in Washington about bank mergers. There really is no more rubber stamp,” mentioned Chopra, an ardent client champion and progressive official who additionally supported harder enforcement and rulemaking as an antitrust regulator on the Federal Trade Commission. 

Credit card reform has change into a pillar of Chopra’s regulatory agenda on the CFPB as he seeks to revitalise an company that was sidelined throughout Donald Trump’s presidency. The CFPB final month finalised a rule that slashes the biggest bank card issuers’ late charges from a mean of $32 to $8. The measure is being challenged in courtroom.

To get the merger accredited, Capital One is making a case that there’s little overlap between the 2 banks’ bank card companies. It has argued that the tie-up would produce a stronger competitor amongst card networks. Discover’s is the smallest after Visa, Mastercard and American Express.

Capital One filed an software to finish the transaction to the Federal Reserve and the Office of the Comptroller of the Currency. The Fed despatched again a listing of questions final week. Capital One declined to remark. 

Chopra referred to as for scrutiny of “past acquisitions” to keep away from “catch and kill” offers that smother opponents. Mergers within the bank card sector prior to now 10 to fifteen years haven’t “really turned into lower interest rates and fees”, he added.

“More broadly, there is an unpersuasive talking point that fewer competitors is better for competition and I think we always need to assess that claim very sceptically,” mentioned Chopra. 

According to a CFPB report printed final yr, greater than 80 per cent of the bank card market is managed by 10 of its roughly 4,000 issuers. In 2023, cardholders paid $157bn in card charges and curiosity, which was essentially the most on document and a 50 per cent soar from what they paid three years earlier.

Large transactions additionally elevate questions round monetary stability, Chopra mentioned. “There will need to be careful scrutiny of two quite large financial institutions, combining them and what might be the effect if they failed,” Chopra mentioned. “Anytime you’re talking about large players like this merging, one has to not just look at competitive effects, one also has to look at the impact on financial stability.”

https://www.ft.com/content/83ed2a96-8c5c-4242-89bc-21eb53a9f62a

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