Apple is presently facing an antitrust inquiry in Switzerland over its management of access to the NFC chip in iPhones. The Swiss Competition Commission has launched this investigation to assess whether Apple’s conditions for providing access to the NFC chip could possibly breach competition laws.
The investigation seeks to evaluate if mobile payment app providers can effectively compete with Apple Pay while utilizing iOS devices for contactless transactions in retail settings. This review comes after Apple’s choice to permit third-party access to the iPhone’s NFC chip, which was initially rolled out in the European Union before being made available to developers worldwide.
Access to the NFC chip is provided through the NFC & SE Platform API, allowing third-party apps to deliver functions akin to those in Apple Wallet, such as payments, digital keys, IDs, and event tickets. Nevertheless, developers are required to enter into a commercial agreement with Apple and cover related fees to obtain this access.
The Swiss Competition Commission is undertaking a preliminary examination to determine if Apple’s terms and conditions adhere to Swiss antitrust laws. This process includes collecting insights from various market participants. The commission has been in talks with Apple since early 2024 to enhance access for Swiss app developers, and Apple has been granting this access since late 2024.
The main concern seems to hinge on the specific terms and fees set by Apple, rather than the technical details of how third-party developers can utilize the NFC chip and Secure Element. The result of this inquiry is still unclear, but it underscores ongoing worries regarding competition and market accessibility in the mobile payment industry.
