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Ofgem raises objections over PayPoint exclusivity clauses

The UK energy regulator Ofgem has thrown a spanner into the works of over-the-counter payments operator PayPoint, objecting to the exclusive nature of relationships that the firm has with utilities and retailers.

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Ofgem raises objections over PayPoint exclusivity clauses

Editorial

This content has been selected, created and edited by the Finextra editorial team based upon its relevance and interest to our community.

Ofgem says that the use of exclusivity clauses in most of PayPoint's contracts has limited the ability of customers to use rival services from competitive suppliers.

In a provisional statement of findings, the watchdog says: "These actions harmed competition to the detriment of consumers, and amounted to an abuse of a dominant position, which breaches Chapter II of the CA98 and/or Article 102 of the Treaty on the Functioning of the European Union."

Ofgem says it will consider any representations from the company before deciding whether the law has in fact been broken.

In response, PayPoint says it will exercise its right to respond to Ofgem and present its case.

Once a decision has been made, a range of remedies are available to Ofgem, including the removal of exclusivity clauses in suppler terms. There may also be other remedies available such as fines.

The news contributed to a 14% decline in PayPoint's share price.

Stockbroker Jeffries has retained its buy recommendation on PayPoint stock, but cautions: "In FY20 UK bill payments were c40% of group net revenues, within which, more than half of transactions were with energy customers. With the group showing a good recovery post-Covid, this is a further unwelcome disruption which could impact the roll-out of strategic initiatives around PayPoint One and Parcels"

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Comments: (1)

A Finextra member 

I've long admired Paypoint and the work that they do.  Equally I can see why Ofgem would like to stimulate competition in this market.  The article highlights exclusivity agreements between Paypoint and the utility provider but for me the real issue is that the utility provider gets to dictate how the payer will pay.  In this regard I'm hoping Ofgem are looking at the UK's new Request to Pay ecosystem from Pay.UK which will empower payers to choose their own payment app/method whilst not increasing the cost and inconvenience to the biller.  Surely the best for all parties?

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