Warren rallies progressives to urge regulators to block Capital One-Discover deal

 

Elizabeth Warren
Senator Elizabeth Warren, D-Mass., led a group of progressive lawmakers in calling on the Department of Justice and banking regulators to block the proposed merger between Capital One and Discover, saying the move is anti-competitive and contrary to the administration's goal of spurring competition.
Bloomberg News

WASHINGTON — A group of progressive lawmakers led by Sen. Elizabeth Warren, D-Mass., have asked the Office of the Comptroller of the Currency and the Federal Reserve to block Capital One's proposed acquisition of Discover. 

In a letter to acting Comptroller Michael Hsu and Fed Vice Chair for Supervision Michael Barr, Warren, alongside eleven representatives — including Reps. Katie Porter, D-Calif., and Alexandria Ocasio Cortez, D-N.Y. — told the bank regulators that the deal would limit competition. 

"This merger is bad for consumers," the lawmakers said in the letter. "To protect consumers and financial stability, we urge you to block this merger and strengthen your proposed policy statement to prevent harmful deals in the future."

The two regulators, alongside the Department of Justice, will play a role in reviewing the proposed deal. While the Biden administration has signaled more scrutiny toward financial industry consolidation, Capital One could make a convincing argument that combining with Discover would help the bank better compete with Visa and Mastercard when it comes to the credit card market. 

The lawmakers also pointed to the two firms' enforcement history with the regulators as evidence that the bank regulators should reject the acquisition. For example, the Consumer Financial Protection Bureau in 2012 ordered Capital One to repay $140 million to customers with low credit scores who they said were misled into paying for additional products. And just last year, Discover received a consent order from the Federal Deposit Insurance Corp. that required the firm to improve its consumer compliance and related corporate governance. 

The Democrats' letter takes aim at the OCC in particular. Warren and Hsu have a longstanding conflict over bank merger policy. Last year, Warren criticized Hsu's approval of JPMorgan Chase's acquisition of First Republic Bank after the California-based institution failed

The signatories to Monday's letter pointed out that Hsu, in a speech last year, warned about banks becoming too large to manage or handle.

 
"But OCC's actions fly in the face of these concerns," they said in the letter. 

The OCC has approved "almost every merger application it received in the last three years," the lawmakers said. And Hsu's speech earlier this month, in which Hsu said that the OCC will remove a merger review timeout clause, didn't go nearly far enough, according to the lawmakers. 

"Troublingly, the OCC's proposed policy statement essentially codifies the OCC's current, permissive approach to bank mergers — the same standard operating procedure that for decades has failed to protect consumers and the financial system," they said. "It is critical that the OCC strengthen its proposed policy statement to ensure that future mergers do not harm consumers and the broader economy."

Early in the Biden administration, the White House issued an executive order that called for tougher reviews of bank mergers. The lawmakers said that the Capital One-Discover deal "will be one of the most important tests of the efforts to prevent harmful bank consolidation" since the executive order was announced. 

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