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German Antitrust Authority Flags Possible Cartel Breach in PayPal Fee Rule

The Bundeskartellamt says hiding payment costs weakens rivals; it has invited PayPal to respond before deciding on remedies.

Overview

  • The Bundeskartellamt issued a preliminary legal assessment on Wednesday, November 11, 2026, saying PayPal’s contractual ban on merchants charging payment‑method surcharges may violate German cartel law.
  • The authority says the clause, in place since 2018, stops merchants from showing cost differences to customers and can blunt competition by shielding PayPal from price pressure.
  • The regulator found that PayPal often charges merchants higher fees than other methods and that larger merchants sometimes negotiate different rates, which may amplify the competitive harm.
  • PayPal rejects the Bundeskartellamt’s preliminary view and has been given the chance to submit a formal response before the authority can order behavioral remedies or seek to recover any economic advantage.
  • If the probe finds a violation after review, possible outcomes include binding changes to PayPal’s contract terms and financial recovery of profits tied to the breach, a step that could affect merchants’ costs and consumer prices.