[Australia] Equifax removes exclusivity in key contract with payroll and super data holder

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Equifax Australasia Workforce Solutions Pty Ltd. Equifax has agreed not to enter into any new agreements preventing Equifax’s competitors from being able to access electronic payroll and superannuation data, ACCC reports.

Equifax is part of a corporate group which operates a large and well-established credit bureau in Australia. It has operated a verification exchange service in the country since 2020.

Payroll and superannuation data are used to provide automated income verification services nationwide, as many lenders transition their income verification practices towards automated solutions.

The undertaking offered by Equifax reportedly comes in the wake of a detailed investigation by the ACCC into whether Equifax’s contracts amounted to unlawful exclusive dealing that had the purpose or likely effect of substantially lessening competition.

According to the ACCC, it was particularly concerned about terms in the agreement Equifax entered into in 2021 with SuperChoice Services, one of the largest holders of payroll and superannuation data, willing to supply data to third parties for income verification purposes.

Gina Cass-Gottlieb - ACCC Chair - said, “Equifax’s contract prevented SuperChoice from supplying data to other Australian suppliers of income verification services and included a clause requiring SuperChoice to phase out sharing data with one of Equifax’s competitors. 

“Whether it’s for home loans, car loans or a new credit card, consumers across Australia apply for financing every day. Their lenders, mortgage brokers and aggregators use income verification services to check their income to facilitate their financing needs.”

“Harm to competition in a crucial part of the lending process, such as income verification, can have flow-on effects to consumers in terms of choice, quality and price,” Ms Cass-Gottlieb added.

In addition, the agreement reportedly incentivised SuperChoice’s exclusive supply of data to Equifax through a revenue-sharing arrangement.

“We considered Equifax’s contract with one of its key suppliers to be a case of anti-competitive exclusive dealing by Equifax that needed to be stopped to protect the competitive process. In evolving markets, exclusive agreements, particularly by large established firms, can deter entry and innovation,” Ms Cass-Gottlieb said.

“Competition in the digital economy is a key priority for the ACCC, and we will continue to take enforcement action against businesses that engage in unlawful anti-competitive conduct.”

After ACCC’s investigation, Equifax stopped relying on the exclusivity and revenue-sharing provisions in its agreement with SuperChoice in May 2025. It amended the agreement to remove these clauses in September 2025.

Equifax has also informed other data holders that they are not prevented from supplying data to Equifax’s competitors or any other party.

Companies that access data for income verification purposes must comply with Australia’s privacy laws.

Further information and details of the undertaking can be found at Equifax Australasia Workforce Solutions Pty Ltd.

Source: ACCC

(Link and quotes via original reporting)

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Equifax Australasia Workforce Solutions Pty Ltd. Equifax has agreed not to enter into any new agreements preventing Equifax’s competitors from being able to access electronic payroll and superannuation data, ACCC reports.

Equifax is part of a corporate group which operates a large and well-established credit bureau in Australia. It has operated a verification exchange service in the country since 2020.

Payroll and superannuation data are used to provide automated income verification services nationwide, as many lenders transition their income verification practices towards automated solutions.

The undertaking offered by Equifax reportedly comes in the wake of a detailed investigation by the ACCC into whether Equifax’s contracts amounted to unlawful exclusive dealing that had the purpose or likely effect of substantially lessening competition.

According to the ACCC, it was particularly concerned about terms in the agreement Equifax entered into in 2021 with SuperChoice Services, one of the largest holders of payroll and superannuation data, willing to supply data to third parties for income verification purposes.

Gina Cass-Gottlieb - ACCC Chair - said, “Equifax’s contract prevented SuperChoice from supplying data to other Australian suppliers of income verification services and included a clause requiring SuperChoice to phase out sharing data with one of Equifax’s competitors. 

“Whether it’s for home loans, car loans or a new credit card, consumers across Australia apply for financing every day. Their lenders, mortgage brokers and aggregators use income verification services to check their income to facilitate their financing needs.”

“Harm to competition in a crucial part of the lending process, such as income verification, can have flow-on effects to consumers in terms of choice, quality and price,” Ms Cass-Gottlieb added.

In addition, the agreement reportedly incentivised SuperChoice’s exclusive supply of data to Equifax through a revenue-sharing arrangement.

“We considered Equifax’s contract with one of its key suppliers to be a case of anti-competitive exclusive dealing by Equifax that needed to be stopped to protect the competitive process. In evolving markets, exclusive agreements, particularly by large established firms, can deter entry and innovation,” Ms Cass-Gottlieb said.

“Competition in the digital economy is a key priority for the ACCC, and we will continue to take enforcement action against businesses that engage in unlawful anti-competitive conduct.”

After ACCC’s investigation, Equifax stopped relying on the exclusivity and revenue-sharing provisions in its agreement with SuperChoice in May 2025. It amended the agreement to remove these clauses in September 2025.

Equifax has also informed other data holders that they are not prevented from supplying data to Equifax’s competitors or any other party.

Companies that access data for income verification purposes must comply with Australia’s privacy laws.

Further information and details of the undertaking can be found at Equifax Australasia Workforce Solutions Pty Ltd.

Source: ACCC

(Link and quotes via original reporting)