California Northern District Judge Jeffrey White partially denied (PDF) Apple’s request to dismiss a proposed federal class action lawsuit over Apple Pay, reports Reuters.
Three credit unions argued Apple violated the Sherman Anti-Trust Act by charging too much in processing fees and being too exclusionary by not letting other digital wallets access its NFC-scanning hardware.
The judge agreed with the credit unions’ argument that because QR code payment apps (like Venmo) lack Apple Pay’s convenience and functionality, and it's too expensive to switch to Android, iOS tap-to-pay is a market unto itself.
And Apple is the only player in a certain market that would have other competition if not for that little NFC reader detail that makes it a monopoly say the lawyers.
No NFC access for third-party apps sounds anticompetitive to Judge White.
Apple and the credit unions will meet again in court on December 1st at 11AM PT.
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