Bendigo and Adelaide, Cth, NAP and Wespac
Application for authorisation in respect of ApplePay
Authorisation number A91546 and A91547 (26 July 2016)
ACCC Summary (from authorisation register)
'On 26 July 2016, Bendigo and Adelaide Bank, Commonwealth Bank, NAB and Westpac (the Applicants) sought authorisation on behalf of themselves and potentially other credit and debit card issuers (the Group Participants) to engage in limited collective negotiation with Apple regarding two issues: (1) access to Apple iPhone's embedded Near-field Communication (NFC) controller, in order for the Group Participants to provide their own digital wallets with embedded NFC on Apple devices without relying on Apple Pay, and (2) to allow their digital wallets to be distributed from Apple's App Store without any unreasonable prohibitions, unreasonable terms, or unreasonable approval delays from Apple. The Applicants also sought authorisation to enter into a limited and voluntary collective boycott in relation to Apple Pay while collective negotiations are ongoing.
On 19 August 2016 the ACCC decided not to grant interim authorisation to the Applicants.
On 29 November 2016 the ACCC issued a draft determination proposing to deny authorisation in respect of the proposed conduct. No pre-decision conference was called.
On 29 November 2016, the ACCC also decided to extend the period to consider the applications for authorisation by three months. The Applicants agreed to this extension on 2 December 2016.
On 31 March 2017, the ACCC issued a determination denying authorisation. ...'
Media and commentary
My blog pieces
- 'Apple versus the banks' (10 August 2016)
- 'Banks Denied Interim Authorisation for Cartel Conduct' (19 August 2016)
- 'Apple goes on the attack' (8 Feb 2017)
Other media and commentary
- Jakob Kucharczyk, In case there's still some doubt: IOS does compete with Android, Australian competition authority confirms' (DisCo, 4 April 2017)
- Steve Worthington, 'Apple Pay may have won the battle but it may not win the war' (The Conversation, 6 April 2017)
- James Eyers and Paul Smith, 'ACCC knocks back the banks on Apple Pay' (AFR, 31 March 2017)
- Asha McLean, 'Australian banking cartel loses fight against Apple' (ZDNet, 30 March 2017)
- John Durie, 'Banks stake out Apple Pay battleground in ACCC submission' (The Australian, 13 February 2017)
- James Eyers, 'Banks strike back in Apple Pay war over iPhone antenna' (AFR, 13 February 2017)
- Rod Chester, 'Big banks drop all complaints but one in last-ditch fight against Apple Pay in ACCC inquiry' (News.com.au, 13 February 2017)
- James Eyers, ‘Apple claims banks want digital wallets as a new revenue source’ (AFR, 5 February 2017)
- Ariel Bogle, ‘Apple’s fight with big banks is getting even nastier, and it was already nasty’ (MashableUK, 6 February 2017)
- Asha McLean, ‘Apple argues Australian bank bargaining cartel is centred on fee avoidance’ (ZDNet, 6 February 2017)
- Supratim Adhikari, ‘Banks’ digital wallet move delayed’ (The Australian, 19 August 2016)
- Rohan Pearce, ‘ACCC won’t take action in bank’ Apple Pay fight – yet’ (Computerworld, 19 August 2016)
- Clancy Yeates, ‘Big four banks vs Apple: ACCC defers decision’ (SMH, 19 August 2016)
- Campbell Simpson, ‘ACCC Won’t Grant Aussie Banks’ Collective Bargaining For Apple Pay Straight Away’ (Gizmodo, 19 August 2016)
- James Eyers, ‘Apple says Australia’s banks pose a security threat to iPhones’ (AFR, 10 August 2016)
- Angus Kidman, ‘The war over access to Apple Pay and NFC looks set to run and run’ (Finder,com.au)
- Mikey Campbell, ‘Apple counters Australian banks’ call for iPhone NFC access, cites handset security’ (appleinsider, 9 August 2016)
ACCC media release
- ACCC denies authorisation for banks to collectively bargain with Apple and boycott ApplePay (31 March 2017)