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eBay: do unto Australia what you cannot do in the US E-mail
by Stan Beer   
Monday, 23 June 2008
There have also been reports from users that buyers attempting to make purchases through the auction process have been advised, "via a prominent screen message just before confirming their bid - that they can only pay for their purchase using PayPal."

This is illegal commercial behaviour (legal sources tell us that strictly speaking this is not illegal as a final competition notice has not been issued but it is against the spirit of the ACCC draft notice). Although the ACCC has only issued a draft notice, with the final notice not yet issued, eBay Australia has not obtained permission to engage in the third line forcing of PayPal onto its customers.

eBay has signalled its intention to fight the draft ACCC notice in an effort to get the ACCC to change its mind before issuing the final notice in July. It is eBay's right to do that, no matter how slim its chances may be in getting the ACCC to change its mind.

However, it is not eBay's right to continue to flout Australian law in the meantime. Each PayPal customer gained through bullying tactics in contravention to the Australian Trade Practices Act is a customer gained illegally (see above amendment concerning legality).

eBay has already admitted publicly that it can not enforce its PayPal only policy in the US. So what makes Australia different to the US when it comes to trade practices?

Are Australia's commercial trading laws weaker than the US? No. Are there viable competitors to PayPal in Australia? Yes. So what makes eBay management think they can get away with this? CONTINUED



 
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