On Friday 19 January, the European Commission announced that it had invited interested parties to submit their comments on the commitments proposed by Apple Inc. (United States) to correct distortions of competition caused by restrictions on access to Near-Field Communication (NFC) technology on its devices, all of which are equipped with the iOS mobile operating system.
Apple was preventing developers of third-party mobile wallet applications from accessing the hardware and software needed to make mobile payments in physical shops and online, known as “NFC input”, on its devices, in favour of its proprietary solution, Apple Pay. Apple Pay therefore remains the only mobile wallet solution with access to “NFC inputs” on iOS.
In the context of its formal investigation, opened on 16 June 2020, the European Commission informed Apple on 2 May 2022 that, on a preliminary basis, Apple had significant market power in the market for smart mobile devices and held a dominant position in the markets for mobile wallets and was therefore restricting competition in the relevant markets.
Apple has proposed to commit to implementing a ten-year package of five types of remedies applicable to all third-party mobile wallet application developers established in the European Economic Area and to all holders of an Apple ID registered in the European Economic Area.
Apple is committed to granting access to NFC on iOS devices to third-party providers of mobile wallets and payment services and to providing additional properties and features.
The company undertakes to apply transparent, non-discriminatory eligibility criteria to make NFC accessible to third-party developers, subject to a licensing agreement.
Finally, Apple proposes establishing a dispute resolution mechanism that will allow independent experts to review its decisions when it refuses access to NFC input.
The implementation of these commitments will be monitored by a trustee, who will keep the Commission regularly informed. (Original version in French by Émilie Vanderhulst)