Brief of Amicus Curiae: In Support of Inclusion of Fixed ACS Costs as Incremental Costs under Regulation II

The Competitive Enterprise Institute requests that the court reverse the district court’s ruling that fixed ACS costs are not considered incremental costs under the Durbin Amendment. Fixed ACS costs are essential to the provision of debit card transaction services and properly form part of the costs incurred by issuers. Their exclusion undermines the statutory intent, disregards established economic methodology, and may harm both financial institutions and consumers.