Europe remains firm in its crusade against Manzana due to the restrictions that apply to the use of the NFC chip of the iPhone and the Apple Watch. The European Comission has sent a declaration of objections to the signing of Cupertino, considering that it is anti-competitive to limit the access of said component to Apple Pay.
According to preliminary findings by European regulators, Apple “abused its dominant position in mobile wallet markets for iOS devices”. This statement is justified by the fact that the Californian company does not allow third-party applications to access the NFC chip of its devices, forcing users to depend purely and exclusively on Apple Pay to make contactless payments.
The European Commission claims that Apple’s decision prevents innovation and unnecessarily limits the options available to consumers. If the regulators confirm it, it would mean a violation of article 102 of the Treaty on the Functioning of the European Unionwhich prohibits the abuse of a dominant position.
“We have indications that Apple restricted third-party access to key technology necessary to develop rival mobile wallet solutions on its devices. In our statement of objections, we preliminarily find that Apple may have restricted competition for the benefit of its own solution, Apple Pay. If confirmed, such conduct would be illegal under our competition rules.” Margrethe VestagerCommissioner for European Competition.
The European Commission’s accusation against Apple, and specifically against Apple Pay, It’s no reason to be surprised. The restriction of access to the NFC chip in Apple devices has been the subject of debate in recent years. In 2020 it had already been known that European regulators were looking at greater regulation of contactless payments through this technology; while in 2021 a first position came to light in line with what was formally announced this Monday.
It is not the first time that Apple Pay has come under the scrutiny of the European Commission
In any case, Europe’s statement of objections does not imply that Apple already faces sanctions; nor that you must immediately open access to your NFC chip for it to be exploited by third-party platforms. However, it is a first step that those led by Tim Cook will have to attend to.
Apple will be able to respond to European regulators by providing an explanation on this issue, and from then on it will be seen how this story continues. For now, from the European Commission they indicated that their statement “does not prejudge the outcome of an investigation”and that it focuses solely on the inability of third parties to access the NFC chip.
This latest clarification is related to the fact that the agency has another ongoing investigation into the use of Apple Pay in Europe. However, it focuses on the conditions that Apple imposes to allow the use of its payment gateway.
Apple has always defended the limitation of access to the NFC chip of the iPhone and the Apple Watch citing security concerns. This is in line with other determinations of the company, such as the impossibility of using third-party payment methods in the App Store. And on this occasion, they have remained on the same path.
“Apple Pay is just one of many options available to European consumers for making payments, and has ensured equal access to NFC while setting industry-leading standards for privacy and security. We will continue to work with the Commission to ensure that European consumers have access to the payment option of their choice in a safe and secure environment”, indicated those of Cupertino.