Summary

Industry Committee sought merger authorisation to amalgamate ownership of BPAY Group Holding Pty Ltd, eftpos Payments Australia Limited and NPP Australia Limited under a new entity (AP+) by way of share acquisition.

On 4 June 2021, the ACCC released a Statement of Preliminary Views. This document summarises issues raised during the consultation process and outlines the ACCC’s preliminary views about the proposed amalgamation and issues about which it sought further information.

On 5 August 2021, Industry Committee offered a draft court-enforceable undertaking to be given by AP+ pursuant to section 87B of the Competition and Consumer Act 2010 that included obligations relating to the availability of eftpos and least cost routing.

On 9 September 2021 the ACCC issued a determination granting authorisation for the proposed amalgamation. In making its determination, the ACCC accepted a court-enforceable undertaking from AP+.

Following withdrawal of an application for review to the Australian Competition Tribunal, the ACCC’s determination came into force on 6 December 2021. Further information is available on the Australian Competition Tribunal website.

On 21 February 2022, the ACCC consented to a variation to the undertaking (the Variation). The purpose of the Variation is to update the AP+ contact details, include a definition for Approved Terms of Appointment and insert the ACCC’s standard Interpretation provisions at clause 15.

The ACCC’s determination is available below under ‘Decisions’.

Applicant(s)

  • Industry Committee Administration Pty Ltd

Target(s)

  • NPP Australia Limited
  • BPAY Group Holding Pty Ltd
  • eftpos Payments Australia Limited

Authorisation number(s)

  • MA1000020-1

Applications

Document title Date
84. Industry Committee Resolution, 16 October 2020
85. Media Release - eftpos, BPAY Group and NPPA propose to amalgamate for the benefit of Australian consumers and businesses, 15 December 2020
85.(a). Small Business and Merchant pack - Proposed Consolidation of Australian Domestic Payment Companies, 12 February 2021
85.(b). Fintech Australia Webinar - Proposed Consolidation of Australian Domestic Payment Companies, 17 February 2021
85.(c). Letter from Mr R Milliner to Ms K Carnell Small Business and Family Enterprise Ombudsman, 8 March 2021
86. Non-confidential version of Dr Geoff Edwards, Charles River Associates, Proposed Amalgamation of BPAY, eftpos and NPPA, Summary (1)
87. Non-confidential version of Expert Industry Opinion of Mr Lance Sinclair Blockley, dated 18 March 2021 - Updated(51222335.1)
88. Non-confidential statement by Australia and New Zealand Group Limited in support of application for authorisation (with non-confidential Exhibit ND-2, including Tab 1)
89. Non-confidential statement of BPAY Group Pty Ltd and BPAY Ltd in connection with application for authorisation
90. Non-confidential statement by Commonwealth Bank of Australia in support of application for authorisation (with non-confidential Exhibit CBA-1, including Tabs 1 to 17)
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Decisions

Submissions

Document title Date
Applicants – Updated Schematic including BPAY HoldCo
Applicants – Processes for setting eftpos’ interchange and scheme fees
Australian Banking Association (ABA)
Applicants – response to interested party submissions on draft 87B Undertaking
Controlabill
Reserve Bank of Australia
Benchmark Analytics
Restaurant & Catering Australia (R&CA)
Australian Chamber of Commerce and Industry (ACCI)
MGA Independent Retailers and Timber Merchants Australia
Australian Association of Convenience Stores (AACS) and Australian Lottery & Newsagents Association (ALNA)
Visa
Australian Retailers Association (ARA)
Dr Harjinder Singh and Assoc. Prof Nigar Sultana
National Retail Association (NRA)
Australasian Convenience and Petroleum Marketers Association (ACAPMA)
Council of Small Business Organisations Australia (COSBOA)
Mastercard
eftpos - response to the ACCC request for information
NPPA - response to the ACCC request for information
Reserve Bank of Australia
Benchmark Analytics
Applicants – AP+ Constitution
Visa
Dr Geoff Edwards - Charles River Associates - Response to ACCC Statement of Preliminary Views
Lance Blockley - Supplemental Report
Applicants - response to the ACCC request for information
Applicants - response to ACCC Statement of Preliminary Views
Controlabill
Benchmark Analytics
Australian Payments Council (APC)
Australian Banking Association (ABA)
Mastercard
Indue
Australian Lottery and Newsagents Association (ALNA) and Australasian Association of Convenience Stores (AACS)
Dr Harjinder Singh and Assoc. Prof Nigar Sultana
Applicants – ACCC meeting slides
Applicants - ACCC meeting slides
Dr Geoff Edwards - Charles River Associates - Response to Oxera
Applicants - response to additional interested party submissions
Applicant re Controlabill submissions
Applicants - response to interested party submissions
Australian Banking Association (ABA)
Controlabill
Benchmark Analytics
American Express
Council of Small Business Organisations Australia (COSBOA)
MGA Independent Retailers and Timber Merchants Australia
Quest Payment Systems
Australian Retailers Association (ARA)
Dr Harjinder Singh and Assoc. Prof Nigar Sultana - Curtin University
Australasian Association of Convenience Stores (AACS)
Dr Rob Nicholls, University of New South Wales
Visa
Dr Rob Nicholls - University of New South Wales
Mastercard
Facebook
Controlabill
Quest Payment Systems
Australian Chamber of Commerce and Industry (ACCI)
Australian Finance Industry Association Limited (AFIA)
Australian Retailers Association (ARA)
Council of Small Business Organisations Australia (COSBOA)
National Retail Association (NRA)
Australasian Association of Convenience Stores (AACS)
The Pharmacy Guild of Australia
Australian Banking Association (ABA)
Restaurant & Catering Australia (R&CA)
Reserve Bank of Australia
SuperChoice
Australian Lottery and Newsagents Association (ALNA)
Customer Owned Banking Association (COBA)
Australasian Convenience & Petroleum Marketers Association (ACAPMA)
Dr Lien Duong, Prof Grantley Taylor and Dr Baban Eulaiwi - Curtin University
Dr Harjinder Singh and Assoc. Prof Nigar Sultana - Curtin University
KeyOne Consulting
MGA Independent Retailers and Timber Merchants Australia
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