Skip navigation

Danske Bank and Nets have infringed the Danish Payment Services Act

18. March 2016

In violation of the Danish Payment Services Act, Danske Bank and Nets’ subsidiary Teller required businesses not to surcharge for certain payment solutions to consumers. The Competition and Consumer Authority has issued an order. Both companies have changed their contracts.

Head of Division at the Competition and Consumer Authority Martin Nyvang says:

"Danske Bank and Nets cannot restrict the options for stores to charge customers fees for using payment cards. This will lead to unfair competition between different payment service providers. We are therefore pleased that this practice has been changed."

The Competition and Consumer Authority requires Danske Bank not to apply conditions which prevent companies using MobilePay from surcharging their customers fees for using MobilePay.

At the same time, the Competition and Consumer Authority requires Teller to ensure forthwith that, the company’s contracts on acquiring of international payment cards do not contain terms which infringe the Danish Payment Services Act. This was the case in a previous contract between Teller and Magasin A/S. Furthermore, the Competition and Consumer Authority requires Teller to ensure, no later than May 1 2016, that other existing contracts do not contain terms which violate the rules.

Danske Bank has informed the Competition and Consumer Authority that it has amended its general conditions for companies' use of MobilePay, complying with the order in this respect.

In connection with their response to the notice of order, Teller submitted its current contract between Magasin and Teller. The contract is in accordance with the rules.

For further information, contact the Competition and Consumer Authority’s Communications Manager Hanne Arentoft by telephoning +45 41 71 50 98.

Facts:

Section 78, subsection (2) of the Danish Payment Services Act

Pursuant hereto, a payment service provider (in this case Danske Bank and Teller) cannot prevent the payee (e.g. stores) from charging the payer a fee for using the payment instrument or offer the payer a discount.