TLDRs;
Contents
- A U.S. judge has dismissed an antitrust case against Apple, Visa, and Mastercard due to insufficient evidence.
- The lawsuit accused the trio of collusion to block rival payment systems from iPhone’s tap-to-pay feature.
- The court found the claims speculative and circumstantial but allowed the plaintiff to revise and refile.
- Regulatory moves in Europe may still force Apple to open up its payments system where legal action failed.
A federal judge has dismissed a high-profile antitrust lawsuit that accused Apple, Visa, and Mastercard of conspiring to block competition in the mobile payments market.
The complaint, filed in 2023 by Mirage Wine and Spirits, alleged that the three companies engaged in a coordinated effort to shut out other developers from Apple’s near-field communication (NFC) technology, which powers the iPhone’s tap-to-pay functionality.
The plaintiff claimed that Apple restricted access to NFC for third-party apps to maintain control over mobile transactions while profiting from hidden payment flows. The suit further alleged that Mastercard and Visa funneled payments to Apple as part of a broader deal to prevent the company from launching a competing payment network.
Court finds allegations too speculative
In his decision, the judge ruled that the accusations lacked the kind of concrete evidence needed to sustain an antitrust case.
While acknowledging that Apple earns fees from transactions processed through Apple Pay, including about 0.15 percent per credit card swipe, the court found no proof that Apple had any genuine plans to create its own network, nor that any agreement existed between the firms beyond standard business arrangements.
Describing the claims as largely circumstantial, the judge emphasized that speculation around intent and correlation does not meet the threshold required to prove collusion. Despite the dismissal, he gave Mirage Wine and Spirits the opportunity to revise and refile its complaint, suggesting the court might still entertain new evidence if presented more clearly.
Long history of friction in payments industry
This case represents another chapter in the ongoing tension between merchants, financial institutions, and technology platforms over the control and cost of digital transactions. The U.S. payments ecosystem has long been the subject of legal scrutiny, most notably in a 1998 case where the Department of Justice challenged Visa and Mastercard over anticompetitive behavior, eventually leading to reforms and record settlements.
Merchants have historically pushed back against steep interchange fees and restrictive policies that limit their ability to seek lower-cost payment alternatives.
While Apple’s role in this ecosystem is relatively new compared to traditional payment giants, its influence through Apple Pay has drawn similar scrutiny, especially as tech companies increasingly monetize financial flows.
Regulators step in where courts fall short
Although this particular antitrust challenge failed in the U.S., regulators elsewhere have managed to force changes through legislative means. The European Union’s Digital Markets Act, which came into effect in early 2024, requires tech giants to allow fair access to key features such as NFC.
Apple has already begun complying with these new rules in the EU by opening its tap-to-pay functionality to rival apps and developers.
This shift could reshape the competitive landscape in regions where regulatory power is more assertive than judicial processes. As global pressure grows, Apple and its financial partners may find themselves compelled to adapt not just by courtroom decisions, but also by market-driven and policy-led expectations for openness and fairness.
