Date lodged:
26 July 2016
Status:
Completed
Outcome:
Denied on 31 March 2017
Summary
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. A copy of the ACCC's determination including a summary of its reasons is available from the 'ACCC decisions' link below.
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. A copy of the ACCC's determination including a summary of its reasons is available from the 'ACCC decisions' link below.
Applicant(s)
- Bendigo and Adelaide Bank Limited
- Commonwealth Bank of Australia
- National Australia Bank Limited
- Westpac Banking Corporation
Authorisation number(s)
- A91546
- A91547
Applications
| Document title | Date | |
|---|---|---|
| Received ( PDF 1.28 MB ) | 26 Jul 2016 |
Decisions
| Document title | Date | |
|---|---|---|
| Final Determination ( PDF 1.34 MB ) | 31 Mar 2017 | |
| Draft Determination ( PDF 1.18 MB ) | 29 Nov 2016 | |
| Interim Authorisation Decision ( PDF 128.84 KB ) | 19 Aug 2016 |
ACCC correspondence
Submissions - before draft decision
Submissions - after draft decision
| Document title | Date | |
|---|---|---|
| John Montagu ( PDF 52.27 KB ) | 15 Mar 2017 | |
| Applicants ( PDF 493.42 KB ) | 9 Mar 2017 | |
| John Montagu ( PDF 36.89 KB ) | 27 Feb 2017 | |
| Apple Pty Limited ( PDF 1.97 MB ) | 26 Feb 2017 | |
| An Interested Party ( PDF 138.62 KB ) | 14 Feb 2017 | |
| Wayne Pulbrook ( PDF 24.95 KB ) | 14 Feb 2017 | |
| Applicants ( PDF 3.77 MB ) | 9 Feb 2017 | |
| Wayne Pulbrook ( PDF 20.13 KB ) | 7 Feb 2017 | |
| Australian Retailers Association ( PDF 147.88 KB ) | 31 Jan 2017 | |
| Tyro Payments Limited ( PDF 584.8 KB ) | 31 Jan 2017 | |
| Apple Pty Ltd - Supporting Video - [to open, save file to PC and open in a video player] ( M4V 17.11 MB ) | 31 Jan 2017 | |
| Apple Pty Ltd ( PDF 8.91 MB ) | 31 Jan 2017 | |
| Applicant ( PDF 35.13 KB ) | 31 Jan 2017 | |
| Brian Tran ( PDF 789.5 KB ) | 4 Dec 2016 | |
| Robert Rigby ( PDF 13.5 KB ) | 2 Dec 2016 | |
| Show all documents (12 more) | ||