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TCH Files Amicus Brief in NACS v. Board of Governors Interchange Case

The TCH-led trade coalition filed a brief as amici in NACS v. Board of Governors with the United States Court of Appeals for the D.C. Circuit, arguing that the Fed erred in implementing the Durbin Amendment, but not for the reasons advocated by the merchants or determined by the District Court. The TCH-led coalition argues that the Durbin Amendment requires the Board in setting interchange standards to consider more costs and a reasonable rate of return and that the network exclusivity provisions, which are framed in terms of prohibiting exclusivity arrangements, cannot be interpreted to require issuers to affirmatively enable additional networks.