Apple is facing antitrust scrutiny in Switzerland over access to NFC chips in iPhones. The Swiss Competition Commission announced this week that it was “investigating whether Apple’s terms and conditions for granting access could raise competition law concerns.”
“Among other things, the commission aims to determine whether other mobile payment app providers can effectively compete with Apple Pay for contactless payments using iOS devices in stores.”
As a refresher, Apple opened up access to the iPhone’s NFC chip to third parties around the world last August, a few months after the European Union.
This feature is provided as part of the NFC & SE Platform API and enables third-party apps to replicate Apple Wallet functionality such as payments, digital door and car keys, ID, and event tickets.
However, to access the iPhone’s NFC chip and secure element, developers must “enter into a commercial agreement with Apple and pay associated fees.”
The Swiss Competition Authority said it is currently conducting a “preliminary investigation to determine whether the conditions for granting access comply with Swiss antitrust law.” As part of this process, the Commission is gathering information and insights from players in this market. The committee also said it has been in consultation with Apple throughout this process.
The Secretariat has been in dialogue with Apple since early 2024 to allow Swiss app providers to access the NFC interface also on iOS devices. As a result, Apple is allowing third-party app providers in Switzerland to access its NFC and SE platforms on iOS devices from the end of 2024. The Secretariat is currently conducting a preliminary investigation to determine whether the conditions of the access authorization (which are different from those applicable in the EEA) comply with Swiss antitrust law. To achieve this objective, the Secretariat will continue to gather information and insights from the market.
The outcome here remains to be seen. The issue appears to be the terms and fees Apple has put in place, and not necessarily the technical features of how third parties can access the iPhone’s NFC and SE.
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