Antitrust in-depth investigation by the European Commission over Apple Pay

Author (Corporate)
Publication Date 2020-
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Summary:

Information Guide concerning an in-depth investigation launched by the European Commission in June 2020 on Apple's conduct in connection with Apple Pay.

Further information:

The European Commission announced on 16 June 2020 the opening of a formal antitrust investigation aimed at assessing Apple's terms, conditions and other measures for integrating Apple Pay in merchant apps and websites on iPhones and iPads, Apple's limitation of access to the Near Field Communication (NFC) functionality (“tap and go”) on iPhones for payments in stores, and alleged refusals of access to Apple Pay. It applies to the conduct of Apple in the European Economic Area (EEA).

Following a preliminary investigation, the Commission showed concerns that Apple's terms, conditions, and other measures related to the integration of Apple Pay for the purchase of goods and services on merchant apps and websites on iOS/iPadOS devices may distort competition and reduce choice and innovation.

On 2 May 2022, the Commission announced it had sent a Statement of Objections to Apple as a result of this investigation. A Statement of Objections is a formal step in Commission investigations into suspected violations of EU antitrust rules.

Apple was informed of the Commission's preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. The Commission took issue with the decision by Apple to prevent mobile wallets app developers, from accessing the necessary hardware and software (‘NFC input') on its devices, to the benefit of its own solution, Apple Pay.

Related Links
Official
European Commission: DG Competition: Cases Database: AT.40452 | Apple - Mobile payments https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_AT_40452
European Commission: Press Release, 16/06/2020: Antitrust: Commission opens investigation into Apple practices regarding Apple Pay https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1075
European Commission: Press Release, 02/05/2022: Antitrust: Commission sends Statement of Objections to Apple over practices regarding Apple Pay https://ec.europa.eu/commission/presscorner/detail/en/ip_22_2764
European Commission: Remarks by Executive Vice-President Vestager on the Statement of Objections sent to Apple over practices regarding Apple Pay (2 May 2022) https://ec.europa.eu/commission/presscorner/detail/en/speech_22_2773

News
BBC News, 16/06/2020: Apple faces two EU anti-competition probes https://www.bbc.co.uk/news/technology-53066518
Reuters, 16/06/2020: Apple's App Store, Apple Pay targeted by EU antitrust regulators https://www.reuters.com/article/us-eu-antitrust-apple-idUSKBN23N1EP
The Verge, 16/06/2020: EU opens Apple antitrust investigations into App Store and Apple Pay practices https://www.theverge.com/2020/6/16/21292651/apple-eu-antitrust-investigation-app-store-apple-pay
The Guardian, 16/06/2020: Apple Pay and App Store face investigation over competition rules https://www.theguardian.com/technology/2020/jun/16/apple-pay-and-app-store-face-investigation-over-competition-rules
Politico, 16/06/2020: Apple thrust into EU antitrust spotlight https://www.politico.eu/article/eu-opens-two-antitrust-probes-into-apple/
Associated Press, 16/06/2020: EU authorities open twin Apple antitrust investigations https://apnews.com/article/ap-top-news-technology-business-apple-inc-international-news-4361ed042b7a0499a9ec850e09060246
The Verge, 02/05/2022: Apple Pay is anticompetitive, says EU in preliminary ruling https://www.theverge.com/2022/5/2/23048116/apple-pay-eu-antitrust-nfc-payment-wallet
The Guardian, 02/05/2022: EU claims Apple breaking competition law over contactless payments https://www.theguardian.com/technology/2022/may/02/apple-pay-contactless-payments-eu-competition-law
Euronews, 02/05/2022: EU accuses Apple of abusing dominant position in the way it runs Apple Pay https://www.euronews.com/my-europe/2022/05/02/eu-accuses-apple-of-abusing-dominant-position-in-the-way-it-runs-apple-pay
EurActiv, 02/05/2022: European Commission takes aim at Apple Pay in antitrust probe https://www.euractiv.com/section/digital/news/european-commission-takes-aim-at-apple-pay-in-antitrust-probe/
Reuters, 02/05/2022: Apple hit with EU antitrust charge over mobile payments technology https://www.reuters.com/technology/apple-hit-with-eu-antitrust-charge-over-its-payment-technology-2022-05-02/
Politico, 02/05/2022: EU escalates Apple Pay probe into contactless payments https://www.politico.eu/article/eu-escalates-apple-pay-probe-into-contactless-payments/
BBC News, 02/05/2022: EU accuses Apple of breaking competition law over contactless payments https://www.bbc.co.uk/news/business-61300874
Deutsche Welle, 02/05/2022: EU hits Apple with antitrust charge over digital wallet https://p.dw.com/p/4Aj5p
Bloomberg, 02/05/2022: Apple Hit With EU Antitrust Complaint Over iPhone Payments https://www.bloomberg.com/news/articles/2022-05-02/apple-hit-with-eu-antitrust-complaint-over-iphone-payments

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