Australia's Antitrust Watchdog Backs Apple in Digital Payments Dispute
March 30 2017 - 6:58PM
Dow Jones News
By Rob Taylor
CANBERRA, Australia--The competition watchdog has blocked a bid
by some of Australia's largest banks to collectively bargain and
boycott cooperation with tech giant Apple (AAPL) over use of its
Apple Pay payments platform.
The Australian Competition and Consumer Commission said it
wasn't satisfied the benefits were big enough to justify finding in
the banks' favor. "We are concerned that the proposed conduct is
likely to reduce or distort competition in a number of markets,"
Chairman Rod Sims said Friday.
Several of Australia's biggest banks--including Commonwealth
Bank of Australia (CBA.AU), Westpac Banking Corp. (WBC.AU),
National Australia Bank Ltd. (NAB.AU) and Bendigo and Adelaide Bank
Ltd. (BEN.AU)--wanted permission to bargain with Apple for access
to the Near-Field Communication controller, or NFC, in the
company's iPhones, as well as reasonable access terms to the App
Store.
The four banks collectively represent almost three-quarters of
Australian debit and credit cardholders that could be used for
Apple Pay and had argued the tech company imposed prohibitive fees
and restrictions around the technology. Apple wasn't immediately
available for comment.
Another major lender, Australia and New Zealand Banking Group
(ANZ.AU), reached an agreement with Apple last year to use the
platform.
A 'digital wallet' is an app on a mobile device that can provide
several of the same functions as a physical wallet, including the
ability to make payments and storing information such as loyalty or
membership cards. A 'mobile payment' is a payment made in-store
using a digital wallet.
The watchdog last November issued a draft determination
proposing to deny the banks, before making a final ruling on
Friday. The banks have argued access is required to enable them to
offer their own integrated digital wallets to iPhone customers in
competition with Apple, without using Apple Pay.
In their submission to the competition watchdog, they said
access to the NFC controller would bring increased competition and
consumer choice in digital wallets and mobile payments in
Australia, as well as greater consumer confidence in mobile payment
technology. They also said it would unleash more innovation and
investment in digital wallets and other mobile applications.
"While the ACCC accepts that the opportunity for the banks to
collectively negotiate and boycott would place them in a better
bargaining position with Apple, the benefits would be outweighed by
detriments," Mr. Sims said.
In the final ruling, the regulator said collective bargaining by
the banks would lead to "likely distortions to and reductions in
competition," including an impact on how Apple was able to compete
with rival Google and the Android platform.
It also said that allowing the banks access to the NFC in
iPhones for the banks could artificially influence emerging uses of
the NFC controller in smartphones, potentially hampering
innovation, as well as impacting on digital wallets and mobile
payments that were still evolving.
"This is likely to hamper the innovations that are currently
occurring around different devices and technologies for mobile
payments," Mr. Sims said.
-Write to Rob Taylor at rob.taylor@wsj.com
(END) Dow Jones Newswires
March 30, 2017 19:43 ET (23:43 GMT)
Copyright (c) 2017 Dow Jones & Company, Inc.
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