Australian Competition Tribunal Sample Contracts

Re EFTPOS Interchange Fees Agreement [2004] ACompT 7
Australian Competition Tribunal • May 28th, 2004

TRADE PRACTICES – exclusionary provisions and price fixing – proposed agreement to set EFTPOS interchange fees at zero – whether proposed agreement should be authorised under s 88 (1) of the Trade Practices Act – whether public benefits arising from proposed agreement outweigh public detriments – whether use of debit cards will increase as a result of proposed agreement – whether debit cards and credit cards substitutable products – whether savings will be passed on to cardholders by issuers – whether costs will be passed on to merchants and what impact this will have on consumers – whether proposed agreement will enhance competition in issuing and acquiring markets – whether economic justification for negative interchange fees has ceased – whether interchange fees a payment for services

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