Bendigo and Adelaide Bank & Ors - Authorisation - A91546 & A91547
Bendigo and Adelaide Bank Limited
Commonwealth Bank of Australia
National Australia Bank Limited
Westpac Banking Corporation
Authorisation number(s)/Date lodged
26th July 2016
26th July 2016
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.