European Commission v Apple

(Near-Field Communication – ‘NFC’)

What

The European Commission, Europe’s antitrust authority, investigated Apple for its terms and conditions for integrating Apple Pay into apps, and for Apple limiting access to the Near Field Communication (NFC) functionality (used for “tap and go”) on iPhones for payments in stores.  Apple’s own Apple Pay is the only mobile payment app that can access the NFC “tap and go” technology on an iPhone.

When

The EC opened its investigation in June 2020.

Status

In May 2022, the EC informed Apple that its exclusionary conduct restricts competition.  Apple responded by committing to allow third party mobile wallets in Europe to access the NFC free of charge, and to apply fair, objective criteria to grant such access.

In July 2024, the EC decided to accept the commitments offered by Apple, stating that the commitments address the EC;s concerns that Apple may have illegally restricted competition for mobile wallets on iPhones.

Takeaway

Apple was far more conciliatory here than with the EC investigation into its app store policies. However, Apple’s concessions only apply to Europe.  Apple will continue its exclusionary conduct throughout the rest of the world.