Short Reads

Big tech firms entering banking: be careful what you wish for

Big tech firms entering banking: be careful what you wish for

Big tech firms entering banking: be careful what you wish for

05.12.2019 NL law

Big tech firms, whether entering or already active on payments markets, are under scrutiny. PSD2 has opened up the payments markets to non-bank companies, but this comes with both risks and opportunities. EU regulators are examining anticompetitive risks, for example the possibility of leveraging a strong position in one market into another market. Competition, innovation, privacy and security for financial transactions will all be hot topics as scrutiny increases on providers of payment services.

The message remains as vital as ever: antitrust rules should be kept in mind when engaging in any of these services. Firms are advised to keep an eye on this developing field – no doubt interesting times lie ahead.

The revised directive on payment services (PSD2), which entered into force in early 2019, allows non-bank companies to offer their innovative services on the payments markets. Alongside small fintech companies, various big tech firms are now active – or planning to be active – on these markets, where EU regulators will be watching their every move.

The European Commission (Commission) is keeping an eye on possible anti-competitive market practices and abusive conduct on payments markets by actively monitoring the development of mobile payment solutions and the behaviour of operators active in the payments sector. One such concern, for example, is whether Apple may favour its own service (Apple Pay) over other payment methods. Requests for information were sent to banks, online payment providers and app developers, requesting input on Apple Pay. The Commission is also examining Facebook’s plans to launch its new cryptocurrency ‘Libra’. Even before its actual market entry, the Commission is looking into how Libra-backed products and services will be integrated into Facebook’s platforms; an investigation encompassing not only questions related to competition, but also concerning innovation, privacy and security for financial transactions. In such an interconnected field, increased coordination between regulators only seems a matter of time. 

Meanwhile, the Dutch Authority for Consumers & Markets (ACM) has launched a market study into the activities of major tech firms on the Dutch payments market. According to the ACM, big techs could leverage their strong positions on one market into another market, to prevent other (smaller) providers from entering payments markets. Similarly, the French competition authority has issued a market study into the entry of “digital giants”, with Bitcoin and Libra as particular points of interest.

It is clear that payments markets come with both risks and opportunities for big tech firms. Such firms are advised to seize the opportunities presented to them, but ensure they fully adhere to antitrust rules when entering the payments markets. Undoubtedly, there will be more to come on this rapidly-evolving area, so watch this space for any future developments.

 

This article was published in the Competition Newsletter of December 2019. Other articles in this newsletter:

 

Team

Related news

20.09.2022 EU law
Launch of Metaverse blog series

Articles - Stibbe launches a new blog series focusing on the legal challenges of the Metaverse. In our upcoming blog posts, we will discuss the legal challenges of NFTs, crypto-assets, Metaverse platforms, crypto exchanges, DAO, and many more.

Read more

28.07.2022 NL law
Zuiver commercieel belang ook gerechtvaardigd belang: Raad van State laat zich er niet over uit

Short Reads - Op 27 juli 2022 heeft de Raad van State bevestigd dat de Autoriteit Persoonsgegevens onterecht een boete van € 575.000 aan VoetbalTV heeft opgelegd. De hoop bestond dat de Afdeling antwoord zou geven op de vraag of de AP terecht of onterecht meent dat een zuiver commercieel belang géén gerechtvaardigd belang kan zijn in de zin van de Algemene Verordening Gegevensbescherming. Het antwoord op deze vraag blijft echter uit.  

Read more

03.08.2022 EU law
Gotta catch ‘em all? Upward referral of ‘killer acquisitions’ upheld

Short Reads - Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye. The General Court has upheld the Commission’s decision to accept a national referral request regarding Illumina’s acquisition of Grail: a transaction not triggering any of the notification thresholds within the EEA.

Read more

28.07.2022 NL law
Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered.

Short Reads - On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV. But the Council did not answer the question whether the AP rightly or wrongly believes that a purely commercial interest cannot be a legitimate interest within the meaning of the General Data Protection Regulation.

Read more

06.07.2022 NL law
Highest Dutch court: the postman may still ring twice?

Short Reads - The Dutch Minister of Economic Affairs and Climate Policy was wrong to unblock the ACM’s prohibited merger between postal operators PostNL and Sandd on grounds of public interest. According to the Trade and Industry Appeals Tribunal (CBb), the Minister cannot substitute the ACM’s assessment for its own when considering public interest reasons. Since the Minister did do so in this particular case, the CBb annulled the Minister’s merger clearance.

Read more