Equifax Ends Exclusive Contract Following ACCC Investigation
Equifax has agreed to remove exclusivity clauses in its contracts with data holders after an investigation by the Australian Competition and Consumer Commission (ACCC) found them to be anti-competitive.
16.12.2025 | Australian competition authority
The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Equifax Australasia Workforce Solutions Pty Ltd, which will prevent the company from entering into new agreements that restrict competitors' access to electronic payroll and superannuation data.
This decision follows a detailed investigation by the ACCC into Equifax's contracts, which were suspected of constituting unlawful exclusive dealing that could significantly lessen competition in the market.
The ACCC's concerns were particularly focused on a 2021 agreement between Equifax and SuperChoice Services, a major data holder, which included terms that barred SuperChoice from supplying data to Equifax's competitors. The agreement also incentivized SuperChoice to exclusively supply data to Equifax through a revenue-sharing arrangement.
ACCC Chair Gina Cass-Gottlieb emphasized the importance of competition in the income verification process, stating that harm to competition could negatively impact consumers in terms of choice, quality, and price. The ACCC views exclusive agreements by large firms as potentially detrimental to market entry and innovation.
As a result of the investigation, Equifax ceased relying on the exclusivity and revenue-sharing provisions in its agreement with SuperChoice in May 2025 and amended the contract to eliminate these clauses by September 2025. Equifax has also communicated to other data holders that they are free to supply data to its competitors.
Equifax operates a significant credit bureau in Australia and has been providing verification exchange services since 2020, while SuperChoice is a key player in the superannuation sector, facilitating payroll information submissions to the Australian Taxation Office.
