Stan Beer
Monday, 23 June 2008 16:38
Opinion and Analysis
Page 2 of 3
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
