Independent retailers stand with consumers in opposing surcharges on credit
and debit cards
According to CFIG President and CEO
CFIG is calling on the federal government to adopt and finalize the code of conduct as soon as possible, and to ensure that competition in the debit card market exists by ensuring that Interac continues to be available to both consumers and retailers as a relatively low cost alternative to the products offered by the companies that control 945 of the credit card market.
A complete copy of the CFIG response to Minister Jim Flaherty's proposed Code of Conduct is available on request.
------------------------------------------------------------------------- Monday, January 18, 2010 Hon. Jim Flaherty, M.P., P.C. Minister of Finance Confederation Bldg, Rm. 207 140 O'Connor St. Ottawa, ON K1A 0G5 Dear Minister: On behalf of the Canadian Federation of Independent Grocers (CFIG), I wish to provide you with our response to the draft Code of Conduct that will govern credit and debit card companies. CFIG is a national, not for profit trade association that represents the unique interests of independent and franchised retail grocers. Our members are primarily small and medium size business owners who are an integral and critical part of a myriad of communities across Canada. In an industry whose hallmark is becoming one of heightened concentration, independent retail grocers understand very well the demands of a competitive marketplace. However, they need to compete in an environment that promotes and sustains fair business practices, particularly in the area of payment systems, which constitutes the infrastructure of any retail entity. It is difficult, putting it mildly, for independent retailers to understand why major players in the credit and debit card industry, who hold approximately 94% of the market, and still free to set their own rates and fees, are complaining about adhering to a code of conduct. Both you and your department will be receiving responses to the Code from the Retail Coalition, or Payments Accountability Council, and other retail organizations. We have reviewed most of these submissions and largely echo and support many of the comments and observations that they have made. However, it is important to put our concerns in the context of the food industry and the realities in which our members must face every day. Over the last twenty years, according to data compiled by Agriculture and Agri-food Canada, thousands of independent retail grocers have become casualties to these realities and have been forever lost to the industry and the communities they served. In an increasingly concentrated industry, it is vital that we ensure that the independents who have survived, can do so without the continued squeezing of margins by monolithic credit card companies, whose unilateral actions simply stem from the fact that they control 94% of the market. Neither they, nor payment processors, have been held accountable. Indeed, the letter we sent to Chase Paymentech in November (enclosed), raising our objections to the 'negative option' that is being imposed on our members, has never been answered. In this market, they simply, but unfortunately, don't feel they need to answer to retailer concerns. Ensuring that independent retail food grocers survive is vital to our food industry and to that aforementioned myriad of communities, particularly in rural Canada, in which they are rooted. To do that, along with implementing key provisions and principles of the Code, Canada must preserve Interac as a lower cost, flat fee debit card alternative. This ensures that the spirit and intent of leveraging competitive practices through the Code, can in fact, be realized. The credit card companies have recently approached larger retail grocery food chains to negotiate rates and fees with respect to debit card transactions. There has been no such approach to our small and medium size members, and in fact, such negotiations will not take place with small and medium size retailers. There is no necessity for two parties to negotiate, if one party does not see the need. Nor conversely, do small and medium size business have anywhere near the leverage to 'negotiate' a rate with Visa or MasterCard. That is precisely why the Interac alternative must be available. Without it, the future of independent retail grocers is at risk, and we urge both you and the Competition Bureau to review Interac within that context. It is inexorably linked to the ability of all small and medium size retailers to be able to compete on the retail landscape. While it is also our request to clearly include the payment processors, such as Chase Paymentech and Moneris in the Code, CFIG wishes to applaud you and your officials, in particular Lynn Hemmings, for listening carefully to our concerns which we believe have been reflected in the Code. Lynn has ensured that no stakeholder can feel that there has not been genuine consultation. This code of conduct is a significant step forward and while we are not enamored of certain provisions relating to fee increase notification, we know that you have sought to strike a balanced and fair approach, which the Code does. Attached to this letter is our response to each one of the points outlined in the Draft Code of Conduct which you released in December, 2009. Thank you again for addressing our concerns and CFIG looks forward to working with you and your officials in the months ahead. Sincerely, John F. T. Scott President & CEO c. Ms. Melanie Aitken, Commissioner of Competition Ms. Lynn Hemmings, Senior Chief, Financial Sector Division -------------------------------------------------------------------------
For further information: John F. T. Scott, President, (416) 492-2311 ext.229
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