Banks set to lose their last stand against Apple Pay
2024-05-29 19:50:11

It looks like Apple will win this fight between Goliaths.

In a case of financial giants versus technology giant, Australia's consumer watchdog released a draft decision Tuesday indicating it would deny a request from some of Australia's top banks to negotiate collectively with Apple over mobile payments.

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"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 are currently uncertain and may be limited," ACCC Chairman Rod Sims said in a statement.

The saga started in July, when Commonwealth Bank, National Australia Bank and Westpac, along with Bendigo and Adelaide Bank, applied to the Australian Competition and Consumer Commission (ACCC) arguing that Apple's strict control of its hardware undermined innovation and competition in the fintech space.

Currently, ANZ is the only bank out of Australia's "big four" to offer Apple Pay.

The fight centred on the iPhone's near-field communication (NFC) technology, which Apple generally prohibits access to for third-party apps. The hardware enables secure tap-and-go mobile payments.

The banks wanted to force Apple to open up NFC to their own banking apps, a proposal the technology giant protested vigorously.

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Calling the banks a "cartel," Apple said in its own August submission to the ACCC that to do so would undermine security. "Our hardware, software and services are built in a deeply integrated manner so we can provide the highest possible security," it wrote.

The ACCC did not fully accept Apple's security argument Tuesday, but noted the banks' ability to offer their own competing mobile payment apps with or without NFC access, and on the competing Android platform.

"There will be no competition against Apple for mobile payments on the iPhone."

The banks were also unhappy with the fees charged by Apple for use of its digital wallet. They wanted to negotiate the ability to pass that cost on to consumers.

"On balance," the ACCC found consumer interest would not be served by granting the banks' application, particularly given it could distort competition between the banks in supplying mobile wallets for iPhone.

Also noting that giving the banks the go-ahead would allow them not to sign up to Apple Pay for three years, "the ACCC is not currently satisfied that the likely benefits from the proposed conduct outweigh the likely detriments," Sims said.

A spokesperson for the banks said they were disappointed with the draft result.

"Our application is not just relevant to Australia -- the same issues around consumer choice and the freedom to offer genuine competition against Apple Pay arise globally," he said in an emailed statement.

"We believe today's draft decision is great for Australians and we look forward to continuing to work with individual banks in Australia and around the world to bring Apple Pay to their customers," an Apple spokesperson told Mashable.

The ACCC will now receive further submissions on the issue before its final ruling.

UPDATE: Nov. 29, 2016, 4:07 p.m. AEDT Apple statement added.


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