The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from Equifax Australasia Workforce Solutions Pty Ltd under which Equifax agreed not to enter into new agreements that prevent competitors from accessing electronic payroll and superannuation data used for automated income verification services. The undertaking follows an ACCC investigation into whether Equifax’s contracts amounted to unlawful exclusive dealing with the purpose or likely effect of substantially lessening competition, with particular focus on a 2021 agreement with SuperChoice Services. The ACCC was concerned the agreement prevented SuperChoice from supplying data to other Australian income verification providers, included a clause requiring SuperChoice to phase out data sharing with one of Equifax’s competitors, and incentivised exclusive supply through a revenue-sharing arrangement. Equifax stopped relying on the exclusivity and revenue-sharing provisions in May 2025, amended the agreement to remove them in September 2025, and has informed other data holders they are not prevented from supplying data to Equifax’s competitors or other parties.
Australian Competition and Consumer Commission 2025-12-17
Australian Competition and Consumer Commission accepts Equifax undertaking to stop new exclusivity deals restricting access to payroll and superannuation data
The Australian Competition and Consumer Commission accepted a court-enforceable undertaking from Equifax Australasia Workforce Solutions Pty Ltd to stop agreements restricting competitors' access to electronic payroll and superannuation data for income verification services. This follows concerns over anti-competitive practices in a 2021 agreement with SuperChoice Services. Equifax has amended the agreement to remove exclusivity and revenue-sharing provisions and informed data holders they can supply data to competitors.