ACCC turns down banks' request for interim authorisation on Apple bargaining
A group of banks applying for authorisation to bargain collectively with Apple over access to the NFC chips in iPhones have failed in their bid to secure interim authorisation.The Australian Competition and Consumer Commission announced on Friday that, given the complexity of the issue, it needed more time to consult and consider the views of industry, consumers and other interested parties.The ACCC said the normal authorisation process would take around six months. It said its decision not to grant interim authorisation was "not indicative of whether or not a draft or final authorisation will be granted."Last month Commonwealth Bank, National Australia Bank, Westpac and Bendigo and Adelaide Bank applied for authorisation to bargain collectively with third-party mobile wallet providers. The main issue in the banks' application is that Apple's iPhone is set up in such a way that the only mobile payment app that can access the NFC chip in the phone is Apple Pay. The effect of this is that Commonwealth Bank customers, for example, who want to use the bank's own mobile wallet on an iPhone must attach a sticker with a separate NFC antenna.The banks are getting together to try and bust what they see as Apple's technical lockout.According to the banks' application, mobile payment apps other than Apple Pay are not available on Apple devices in any of the markets where Apple Pay is available, which is now nine countries. This is the case even where participating banks had already developed their own mobile banking apps.The application argues that in the United Kingdom and the United States, where banks accepted Apple Pay on Apple's terms, the result has been a lessening of competition in mobile wallets.Other issues for collective negotiation include appropriate industry security and technical standards for digital wallets and the banks' ability to pass on any fees charged by a third-party wallet provider.Payment company Tyro has made a submission in support of the banks' application. It said: "While Apple allows third parties to connect free of charge via WiFi, 3G, Bluetooth and other network protocols to its phone product range, it does not do so for NFC."This will stifle innovation and competition because it is the only available and highly secure connectivity option that is ubiquitously available across the entire card payment infrastructure and terminal fleet."Tyro said it was not just banks that would have a problem with Apple's policy. Transport services, loyalty program providers, security companies and others that are developing services based on a mobile wallet and NFC connectivity would face the same access barrier and cost burden.Apple said in its submission: "The applicants see Apple Pay as a competitive threat. These banks want to maintain complete control over their customers."Their goal is to force Apple and other third party providers to accept their terms, allow them to charge consumers that choose to use Apple Pay and force Apple to undermine the security of its mobile payment service by opening access to the NFC antenna, placing at risk the consumer experience of