Apple, Visa and Mastercard accused of participating in a conspiracy and eliminating competition

A class action lawsuit has been filed in the federal court in East St. Louis against Apple, Visa and Mastercard companies. The companies are accused in it of a conspiracy aimed at illegally eliminating competition and as a result artificially inflating fees for credit and debit transactions.

Apple, Visa and Mastercard accused of participating in a conspiracy and eliminating competition
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Summary

  • The retail chain Mirage Wine & Spirits, along with several thousand merchants, has filed a class action lawsuit against Apple, Visa, and Mastercard, alleging monopolistic actions.
  • The lawsuit accuses the three companies of conspiring to artificially inflate credit and debit transaction fees, causing losses to merchants.
  • It is alleged that Visa and Mastercard unlawfully agreed with Apple to refrain from competition in exchange for a share in the profits from fees generated through their payment systems.
  • The lawsuit also criticizes Apple for blocking access to certain iPhone modules, such as the NFC chip used for contactless payments, by other companies. This has resulted in Apple Pay being the only mobile wallet platform available on iPhones.
  • Despite Apple's insistence on not sharing the Apple Pay module for security reasons, the company may be forced to change its stance due to the allegations and increasing pressure from the European Union.
  • The plaintiffs are seeking multi-million dollar damages from Apple, Visa, and Mastercard.

Apple, Visa and Mastercard sued for monopolistic actions

As reported by Reuters, the main plaintiff in the class action lawsuit is the retail chain Mirage Wine & Spirits, but also involved are "at least several thousand" merchants. According to court documents, Apple, Visa and Mastercard are alleged to have conspired to artificially inflate credit and debit transaction fees, causing losses to merchants. Mirage Wine & Spirits directly calls these actions a "very large and constant monetary bribe".

The card operators are alleged to have unlawfully reached an agreement with Apple, in exchange for a share in the profits from fees generated through the relevant payment systems, to refrain from competing with both companies. The lawsuit reads, among other things:

"Instead of competing in the American market for POS card network services, Apple and Entrenched Networks agreed to allocate this market. Apple reached an agreement with Visa, and then with Mastercard, not to use the iPhone to create its own independent POS transaction payment network. Instead, Apple, Visa and Mastercard agreed to conduct Apple Pay transactions through the POS transaction payment network of Entrenched Networks".

Those involved in the class action lawsuit are now seeking multi-million dollar damages from Apple, Visa and Mastercard.

This is not the end of allegations towards Apple

The lawsuit also highlighted Apple's blocking of access to certain iPhone modules by other companies. This mainly concerns the NFC chip, which is used for contactless payments. The battle for this module has been going on for years, which means that at the moment, Apple Pay is the only mobile wallet platform available on iPhones. 

The plaintiff in the lawsuit adds that "unlike Apple's iPhone, Google devices based on Android allow for mobile wallets from other companies." 

Apple has so far strongly emphasized that it does not want to share the Apple Pay module with other entities for security reasons, but in the face of the above allegations, the company is willing to change its mind. It is also likely that the giant from Cupertino will do this against its will under increasing pressure from the European Union.