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. The Applicants also seek authorisation to enter into a limited form of collective boycott in relation to Apple while collective negotiations are ongoing.
The Applicants seek authorisation to collectively negotiate regarding 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 for mobile payment processing, as well as 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.
Authorisation is sought for a period of 18 months.
A copy of the applications and submissions is available by following the links 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. A copy of the draft determination is available by following the links below. No pre-decision conference was called in relation to the draft determination.
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.
The Applicants' most recent submission to the ACCC has amended the scope of the proposed conduct and the period of authorisation sought. The ACCC is currently seeking submissions from interested parties on the changed scope of the proposed conduct as soon as possible and in any case no later than COB 20 February 2017. Submissions should be emailed to firstname.lastname@example.org with the subject "A91546 & A91547 - Bendigo and Adelaide Bank & Others - submission".