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Australia Rules Against eBay and PayPal

Written by Josh Catone / June 12, 2008 7:23 AM / 5 Comments

In April, eBay filed a notification with the Australian Competition and Consumer Commission (ACCC) seeking permission to circumvent section 47 of the Australian Trade Practices Act of 1974, which disallows businesses from creating exclusive deals that have the purpose or effect of lessening competition, in order to more fully integrate PayPal into its operations. As the ACCC put its, "Generally speaking, [the Act prohibits] exclusive dealing involves one business trading with another person, imposing restrictions on their freedom to choose with whom, or in what, it deals." Today, the ACCC released a draft notice denying eBay's request.

At the heart of the request from eBay was the auction giant's desire to change its terms of service at its Australian property to force sellers to use only PayPal or cash on delivery as payment methods. "All eBay transactions must be paid for using PayPal, Pay on Pickup or by Visa/MasterCard processed by PayPal, and not through the use of any other payment method," said eBay of the proposed change. Starting on May 21, eBay took a first step toward that change by requiring that all sellers offer PayPal as a payment option.

eBay argued that these changes will lessen the likelihood of "bad buyer experiences" by increasing trust and security between buyers and sellers. But competitors, including Google (allegedly), Paymate, eWay, Qpay, BPAY, American Express, and a handful of eBay seller organizations and Australian banks have lodged counter arguments with the ACCC.

About individual 650 eBay users also submit counters to the ACCC. According to the Comission, "The overwhelming majority of these submissions were opposed to the notified conduct and raised concerns regarding restriction of choice, increased fees and issues associated with PayPal's security, dispute resolution and customer service."

In the end, the ACCC decided that the proposed eBay TOS changes would have "the effect of substantially lessening competition in the market in which PayPal operates" and likely result in "reduced choice for consumers, higher transactions costs and reduced innovation in online payment systems." Therefore, the ACCC released a draft notice denying eBay's request. However, this isn't necessarily the end of the issue. Under ACCC rules, eBay has the right to request a public conference at which all interested parties may speak their case to the ACCC, after which the Commission may reconsider their ruling.

For now, though, PayPal will not be the only option for eBay users in Australia -- and for that, sellers are mostly very happy. eBay's seller forums are this morning filled with threads of almost unanimously happy sellers cheering on the initial ACCC ruling and musing over what effect it might have on governments in other countries where eBay operates.

Comments

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  1. Well done Australia, you have the guts to say no to Monopoly.

    Posted by: Chris | June 12, 2008 11:47 AM



  2. We can not let ebay and paypal win this fight.
    Ebay has turned it back on its sellers, who pay Ebay to sell.
    Ebay OWN PaypaL and NOW WANTS TO DOUBLE DIP.
    The sellers have in the past been compared to heroin dealers by ebay and are insulted at ebays antics.
    The lastest antics is to give the ACCC the fingers and say we will go ahead with paypal only.
    Sorry ebay this is Australia and you are Un Australian

    Posted by: Alisia | June 13, 2008 6:29 AM



  3. Hurray for Australia!
    The US should step up to the plate as well. ebay needs to be put in it's place.

    Posted by: ebay & paypal suck | June 13, 2008 10:17 PM



  4. I recon eBay has had its day - too fat, too greedy and only pale resemblance of it's hay-days.

    I used to shop there and sell there but now I sell at BidMate Australia - http://www.bidmate.com.au - they have live support who answer every question and they allow any form of payment - basically they don't interfere with the Auction process or the transaction between seller and buyer.

    I would love to see eBay kicked out of Australia so Australian sites could have a go.

    EBay - Go Away - you have had your day!

    Posted by: Gary Lanier | June 14, 2008 1:16 AM



  5. I think the Australian Govt's decision is right in not allowing Paypal as the Dictator of sorts.

    Posted by: Harjit Bajwa | June 14, 2008 2:19 AM



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