Apple Successfully Convinced A Judge To Dismiss A Lawsuit Where The Company Was Accused Of Colluding With Visa & Mastercard By Accepting ‘Bribes’ And Stifling Competition

Omar Sohail
Apple, Visa and Mastercard convince judge to drop a conspiracy lawsuit against all three

A case brought by Illinois-based beverage retailer Mirage Wine & Spirits, along with other merchants, has accused Apple, Visa, and Mastercard of entering into an anti-competitive agreement with one another to keep rivals at bay, while also pocketing heaps of profit by overcharging business owners. The plaintiffs were labeling this act as a conspiracy lawsuit, and one that has been buried by the Southern District of Illinois, granting the three technology companies a decisive victory.

The plaintiffs claimed that Apple was accepting large sums of bribes from Visa and Mastercard to not build its own payment network

Ever since Apple Pay was launched in 2014, the service has relied on payment networks built by Visa, Mastercard, and American Express to facilitate transactions. According to Reuters, the plaintiffs mentioned that the iPhone maker has established a healthy business relationship with these networks and has prevented the competition from thriving in exchange for a steady stream of payments. These ‘bribes’ are also collateral to prevent the Cupertino firm from developing its own payment work and reducing reliance on Visa and Mastercard.

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Additionally, the iPhone’s NFC hardware was also in the crosshairs of the plaintiffs, who claimed that Apple’s stringent control over its ‘tap to pay’ transactions blocks third parties from launching alternative payment methods, ultimately cementing Visa’s and Mastercard’s unrivaled market position. Unfortunately for the plaintiffs, the court concluded that the latter had failed to provide sufficient factual allegations to support their claims, and what they presented was mere speculation.

The judge also mentioned that the extremely complex nature of launching a payment network from scratch is the reason why Apple has not gone in this direction, and not because it is heavily compensated by its partners. The plaintiffs also stated that each payment amounts to 0.15 percent on the value of all U.S. credit transactions and 0.5 cents on each U.S. debit transaction processed through Apple Pay on the Visa and Mastercard networks, implying that this approach discourages innovation.

The plaintiffs have been given another 30 days to amend their complaints and file a second class action lawsuit. Assuming these merchants do not complete the requirements within the allotted time, the case will be dismissed on the grounds of prejudice.

News Source: Reuters

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