EU regulator accepts Penguin offer to end dodgy e-book deals with Apple

EU regulator accepts Penguin offer to end dodgy ebook deals with Apple

After the European Commission accepted offers from Apple and four publishers to free up e-book pricing restrictions in December 2012, it’s now accepted Penguin’s commitment to do the same. Much like Penguin’s vow to the US DOJ, it will end its agency agreements with Apple and other retailers, and “most-favored nation” clauses will be absent from any new deals struck over the next five years. Most importantly, e-book retailers will now be able to control prices and discounts of Penguin’s catalog for two years. This legally binding pledge essentially brings an end to EC’s “competitive concerns,” as all involved in the original price-fixing investigation have now settled up.

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Via: Reuters

Source: European Commission

Federal Court Finds Apple Guilty of E-Book Price Fixing

Federal Court Finds Apple Guilty of E-Book Price Fixing

A federal judge today ruled that Apple is guilty of violating antitrust law by conspiring with major publishers to raise e-book prices.

    

Apple’s Eddy Cue acknowledges e-book price increases at antitrust trial, reveals talk of Amazon deal that would split books/music control

Antitrust trial reveals Apple discussed Amazon deal to split control of music and books

The issue of e-book prices, and alleged price fixing, has come up again and again in recent years, with the focus most recently shifting to a Manhattan courtroom where Apple is at the center of an antitrust trial. After revealing new details of the company’s market share yesterday, Apple’s Eddy Cue has today offered another piece of surprising news: that he and Steve Jobs once discussed a potential deal that would see Apple stay out of the ebook market if Amazon agreed stayed out of music. There’s no indication that went beyond the early discussion phase, or actually involved any discussions with Amazon, but it would obviously raise considerable antitrust questions had it gone any further.

As CNET and The Verge report, the DOJ is hoping that revelation will bolster its case that Apple engaged in antitrust practices to inflate ebook prices across the market. On that front, Cue, who the DOJ describes as the “chief ringleader of the conspiracy,” reportedly acknowledged that the prices of some ebooks did go up from April of 2010 (when it opened its iBookstore) through to 2012, but he attributed that to publishers unhappy with Amazon’s $9.99 pricing. Cue’s facing further questioning from Apple’s attorneys this afternoon, with the trial expected to wrap up by the end of next week.

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Source: CNET, The Verge

EC says Motorola broke antitrust rules, abused its patent position

EC says Motorola broke antitrust rules, abused its patent position

It was almost a year ago to the day that the European Commission began investigating Motorola over reported abuse of its standard-essential patents (SEPs), and now the regulators have a little more to say on the matter. The Commission has issued Motorola Mobility a Statement of Objections, which doesn’t mean any judgment has been reached, but lets the company know its preliminary view, and it ain’t good news. According to these initial findings, Motorola wanting an injunction against Apple in Germany based on some of its GPRS-related SEPs — the particular legal encounter that was the catalyst for a complaint by Cupertino and ultimately, the EC’s investigation — “amounts to an abuse of a dominant position prohibited by EU antitrust rules.” Motorola originally said it would license these patents under FRAND terms when they became standard-essential, which Apple was happy to pay for. However, the company pursued an injunction nonetheless.

The Commission’s statement goes on to say that while injunctions can be necessary in certain disputes, where there is potential for an agreement under FRAND terms, companies with bulging SEP portfolios should not be allowed to request injunctions “in order to distort licensing negotiations and impose unjustified licensing terms on patent licensees.” Joaquín Almunia, the Commission Vice President who’s responsible for competition policy, echoed what we’ve heard from other important folks entrenched in the never-ending patent battlefield (such as Judge Koh), saying: “I think that companies should spend their time innovating and competing on the merits of the products they offer — not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice.” So, what happens next? Motorola will first have its right to address the statement before the EC makes a final decision, but it’s looking like a fine is headed the company’s way. Hopefully, the outcome will also have a wider impact on patent cases of the future, so companies will spend more time making shiny things for us, and less on courtroom squabbles.

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Via: Reuters

Source: European Commission

EU reportedly accepts Google’s antitrust concessions for online search

Google antitrust saga

Google has no doubt been on pins and needles wondering whether or not the European Commission will accept the search engine changes it’s proposing to avoid an antitrust showdown. If what we’re hearing is right, Larry Page and crew might just get to relax in the near future: sources for the New York Times claim that the EU agency has accepted Google’s proposal. Reportedly, the terms of the deal are close to what had been mentioned last week. Google would have to explicitly label search results that come from its own services while sometimes showing those results from others. It would also have to test the results in the field to get feedback from both the Commission and competitors. While neither Google nor European officials have confirmed the apparent leak so far, any truth to the story could mean the long-running saga might draw to a close before it gets ugly.

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Source: New York Times

Google delivers EU antitrust concessions, now subject to feedback from rivals

Google provides formal concessions to EU antitrust concerns, now subject to feedback from rivals

There’s no question that most of the talk between Google and EU regulators over the firm’s search ranking practices have taken place behind closed doors, but now the antitrust inquiry is one step closer to a binding resolution. Following a preliminary assessment in which the European Commission laid out its concerns, Google has offered up a formal list of commitments in attempt to assuage the regulator — and in the process, avoid a nasty fine that could top $5 billion. Reuters sources suggest that one concession may involve labels within search results that distinguish Google’s services from those of its rivals, but whatever the final resolution entails, EU Commissioner Joaquin Almunia asserts that it’ll be a legally binding agreement. As for the next step, Google’s proposal will be subject to input from its peers, which includes complainants such as Microsoft. If there were ever an opportunity to kick up some dust, we reckon this’d be it. Then again, it could be that Redmond is more preoccupied with Android nowadays.

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Source: Reuters

Antitrust complaint levied against Google in EU, this time it’s all about Android

Antitrust complaint levied against Google in EU, this time it's all about Android

Google has spent the past couple years facing down antitrust accusations in Europe for pushing its web services over those of competitors. But, just as that case is coming to a close, the New York Times now reports that new anti-competitive allegations have been levied against Android. This new complaint was filed by a group called Fairsearch — whose members include old EU foes Microsoft and Nokia, plus Oracle and a host of travel booking websites — and claims that Google’s using Android as a way to deceive consumers into using Google apps instead of competitors’ software. The problem, as Fairsearch sees it, is that Google forces OEMs who use Android to unfairly place apps like YouTube and Gmail in prominent places on the desktop. Of course, this new complaint is just the beginning, so we’ll have to wait and see what the European Commission’s investigation into the matter uncovers, and how the folks in Mountain View respond.

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Source: New York Times

DOJ lets waiting period expire on T-Mobile / MetroPCS merger, hints it’s good to go

MetroPCS street ad

We’re sure that MetroPCS and T-Mobile USA executives were on pins and needles wondering whether or not their proposed merger would clear all the regulatory hurdles. While they’re not officially free and clear, the Department of Justice has given a strong hint that the carrier union will go through. The government branch just let the mandatory waiting period expire without raising any objections; if it had thought there were serious antitrust issues, it would have piped up by now. Before anyone pops the champagne corks, though, there’s still a number of formalities — the Committee on Foreign Investment, the FCC and the companies’ shareholders still need to sign off on the deal, which could take weeks or longer. Considering the troubles T-Mobile had the last time it tried a merger, though, waiting will seem like a walk in the park.

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Source: CNET

Editorial: FTC and Google — why the right decision feels so wrong to so many people

Editorial FTC and Google  why the right decision feels so wrong to so many people

The Federal Trade Commission’s absolution of Google after a lengthy investigation into alleged abuse of market power induced expected reactions from the principle players. Microsoft was infuriated. Google was triumphant and exuberantly overstated the FTC’s exit. (“Google’s services are good for users and good for competition.”) Lawyers and lobbyists bunched on both sides of the fence to issue scathing or praiseful statements. The court of common opinion is now divided between nodding approval and eviscerating censure. The comment hate being hurled at Google is partly derived from general monopoly-busting sentiment, but there is also a stuck-in-the-past misunderstanding of what Google has become.

Continue reading Editorial: FTC and Google — why the right decision feels so wrong to so many people

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The US Government Slaps Google Again But Spares it Microsoft’s Fate

The FTC just announced a settlement with Google, which the commission had been investigating for illegal, anti-competitive behavior. And it’s mostly good news for everyone except Google: less patent warfare, less search engine bullying. More »