Don't know if this is good or bad. It could force these companies to re-enable NFC, however it could encourage some other companies to never even install NFC terminals so they cannot be targeted by such legal action.
The lawyers don't pay themselves...
It's not collusion if their agreement with MCX which was formed in 2011 - long before Apple Pay was announced prevented them from adopting other technologies.
The only in might be the Google Wallet angle. But so far no one has addressed that from the MCX/retailer side as to why that was allowed.
... and your JD is from where? Which state bar is proud to call you a member?
Laughable!
I'll assume you're correct for the argument's sake.
The question may be that if the store accepts card X from you by swiping, but doesn't accept the same card X from me because I want to use NFC (of which the store is capable).
Are they treating us differently and why?
(I'm not saying I'm for any law suit, just pointing out the possible "discrimination ")
Don't know if this is good or bad. It could force these companies to re-enable NFC, however it could encourage some other companies to never even install NFC terminals so they cannot be targeted by such legal action.
It's been stated here already, but it's worth repeating.
These places ALREADY accept Visa, MC and Amex. And using Apple Pay is exactly like using your card. So there is no difference as far as the merchant is concerned. Now, whether it's legal or not to block a WAY of using your credit card that is already accepted is another matter which may be worth pursuing.
And again, Walgreens accepts Apple Pay. Soooo....
For those calling this baseless, actually there is a good reason to investigate litigating.
Per the FCC regarding investigating antitrust behavior between MCX and others:
"27. Joint ventures that are collaborations between competitors may warrant antitrust scrutiny. The Antitrust Guidelines for Collaborations Among Competitors issued by the U.S. antitrust agencies in April 2000 describe the principles for evaluating agreements among competitors and the analytical framework for doing so.23 Two broad categories of anticompetitive harm theories are (1) exclusion and (2) overly inclusive joint venture. For exclusion, harm may arise if a joint venture denies some key element to rival systems and thereby reduces competition.24 Whether this is a viable theory would depend on factors such as the freedom that the joint ventures members have to participate in multiple mobile payment systems (multi-home), the extent to which the members, individually or collectively, have market power with respect to the denied element, and the availability of adequate substitutes for that element. For the overly inclusive joint venture theory, harm may arise if a joint ventures membership is so expansive, or its rules sufficiently restrictive, as to prevent the emergence or viability of a rival mobile payment system that might otherwise threaten the joint ventures market power. Factors relevant to this analysis include the joint ventures exclusivity, membership scope, whether current members would help form competing systems but for the overly inclusive nature of the joint venture, and if so, the impact of such participation on the timeliness, likelihood, and sufficiency of such entry."
Your statement about all new terminals having NFC built in is wrong. I would suggest you look at the terminals at WalMart that support chip cards but do not support NFC. Chip cards have nothing to do with NFC, and I think that is a common confusion.
CVS and Rite Aid have long allowed contactless payments at their retail stores, but less than one week after Apple, Inc. deployed Apple Pay, the large retail pharmacy chains disabled those system to prohibit the payment method.
Right. Insofar as analyzing a potential claim, bear in mind 'collective action' and 'exclusion.' E.g. while an individual store may be free to embrace or refrain from a particular payment system, a consortium of competing stores explicitly banding together and excluding a particular method of payment may run afoul of regulations.
I'm not sure this is going to fly. As the merchant, they have every right to accept whatever form(s) of payment they wish and they're contractually obligated to MCX to have "exclusivity", which is (probably) legally no different than accepting Visa/MC but not AmEx or Diner's Club.
Where's yours. I already stated I'm no lawyer. But at least I read entire threads before trying to insult someone![]()
It's not collusion if their agreement with MCX which was formed in 2011 - long before Apple Pay was announced prevented them from adopting other technologies.
Yes, keep the law out of these things. There shouldn't be a law requiring seatbelts, certainly after enough people die not wearing seat belts the market will fix it.
No need to regulate pollution, if people find out a company is ruining the lakes and rivers, they will vote with their dollars by buying the more expensive products (since that company is properly handling their pollutants) and all the companies will stop polluting.
And certainly if people are willing to work at unsafe jobs they should be able to. The market will simply increase what those jobs pay so companies will make them safe on their own to reduce salaries.
And if a store doesn't want minorities shopping there, those minorities will shop somewhere else, hurting their bottom line, so again we don't need the law getting involved here.
You specify that you are not a lawyer, yet you state quite unequivocally as fact (and I quote)
The statutes do not require any competing service from being blocked... You seem to fail to understand that the issue involves competitive enterprises banding together in a group with agreements which can and do most definitely affect pricing policies and decisions.
Is it in favor of their own proprietary system? If Apple/Google blocked the CurrentC app from the App Stores would that not be a violation? I mean which is it?
You haven't answered my question. Where is your JD from?