Proposed amalgamation of BPAY, eftpos and NPPA

Industry Committee sought merger authorisation to amalgamate ownership of BPAY Group Holding Pty Ltd, eftpos Payments Australia Limited and NPP Australia Limited under a new entity (AP+) by way of share acquisition.

On 4 June 2021, the ACCC released a Statement of Preliminary Views. This document summarises issues raised during the consultation process and outlines the ACCC’s preliminary views about the proposed amalgamation and issues about which it sought further information.

On 5 August 2021, Industry Committee offered a draft court-enforceable undertaking to be given by AP+ pursuant to section 87B of the Competition and Consumer Act 2010 that included obligations relating to the availability of eftpos and least cost routing.

On 9 September 2021 the ACCC issued a determination granting authorisation for the proposed amalgamation. In making its determination, the ACCC accepted a court-enforceable undertaking from AP+.

Following withdrawal of an application for review to the Australian Competition Tribunal, the ACCC’s determination came into force on 6 December 2021. Further information is available on the Australian Competition Tribunal website.

On 21 February 2022, the ACCC consented to a variation to the undertaking (the Variation). The purpose of the Variation is to update the AP+ contact details, include a definition for Approved Terms of Appointment and insert the ACCC’s standard Interpretation provisions at clause 15.

The ACCC’s determination is available below under ‘Decisions’.