Apple tells price fixing courtroom it owns 20 percent of the e-book market

Apple tells courtroom it owns 20 percent of the ebook market in pricefixing case

Apple director Keith Moerer said in court on Tuesday that the company holds about 20 percent of the US e-book market, double the size commonly assumed. The revelation came after the Department of Justice tried to bolster its price fixing case against the company by asserting that “Apple forgot to focus on customers, that’s why the iBookstore is a failure.” Moerer responded that the online store has consistently held a 20 percent share since just after launching, adding that “sales grew 100 percent last year at the iBookstore and it had over 100 million customers.” The government will continue trying to prove that Apple colluded with publishers like Macmillan and Harper Collins — who settled out of court — with testimony later today from Senior VP Eddy Cue.

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Via: paidContent

Source: Publishers Weekly

US Justice Department clears Softbank acquisition of Sprint

Justice Department clears Softbank acquisition of Sprint

Softbank and Sprint have been on pins and needles ever since January, when the US Department of Justice asked the FCC to delay the carriers’ merger as it scrutinized the deal over national security concerns. The two networks can breathe a little easier this weekend, as the DOJ just dropped its request for more time. There’s “no objection” to the acquisition following a review, the agency says. Not that the companies are completely out of the woods: the FCC has to approve the buyout, and there’s still the small matters of Dish’s bids for both Sprint and Clearwire. Softbank may not want to drop its backup plan just yet.

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Via: Computerworld

Source: FCC (PDF)

Mobile Miscellany: week of April 22nd, 2013

Mobile Miscellany week of April 22nd, 2013

If you didn’t get enough mobile news during the week, not to worry, because we’ve opened the firehose for the truly hardcore. This week, a familiar smartphone leaked that’s said to join the prepaid ranks at Verizon Wireless, AT&T swung back against the DOJ, and Rogers issued its quarterly earnings. These stories and more await after the break. So buy the ticket and take the ride as we explore all that’s happening in the mobile world for this week of April 22nd, 2013.

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DoJ approves Arris’s $2.35B proposed acquisition of Motorola Home

Arris has just received the go-ahead from the U.S. Department of Justice to acquire Motorola Home from Google. Arris issued a $2.35 billion proposal to purchase the Motorola Home broadband unit from Google, however, before Arris agreed to this deal, it required that Google limit its liability when it comes to the TiVo v. Motorola infringement case. If Motorola loses to TiVo in the case, the financial damage Arris will receive will be very minimal.

Department of Justice approves Arris proposed acquisition of Motorola Home

Arris’s acquisition of Motorola Home will be completed around April 17th. It will pay $2.05 billion to Google, and will give it $300 million in shares, which may be a much more important factor to Google than the money itself. However, originally, the $300 million in shares would have resulted with Google owning a 15.7% stake in the company, however, Arris recently announced that Comcast will also pay for a stake in the company. Comcast will be purchasing $150 million worth of shares from Arris when Arris completes its acquisition of Motorola Home. The deal will increase Google’s “cash consideration” by $150 million, but will also reduce its stake in the company to 7.85% and give Comcast an equal 7.85% stake in the company.

After the deal is finished, 7,000 Motorola employees will be transferred over to Arris. Google will be able to focus entirely on its mobile division. When it purchased Motorola Mobility Holdings Inc., it only wanted the mobile patents from the deal, not the set-top box business. When Arris announced it was going to acquire Motorola Home back in December, Marwan Fawaz, the Executive VP of Motorola Mobility, stated,

“We share a similar vision and strategy with Arris for the industry’s migration to IP. The combination of our solutions, expert technologists, and roadmaps promises to transform how service providers deliver the smart, simple connected home to consumers throughout the world.”

Arris stated that Motorola Home will help it “triple sales”, grant it 2,000 patents, expand its customer base, and get its products out to the markets quicker. With the new patents it will be receiving, it will be able to sell new equipment “to customers whose cable-TV sets don’t support internet-video delivery.” It will also be able to branch out its sales to more customers, aside from those from Comcast or Time Warner. This acquisition is a win-win for everyone.

[via TechCrunch]


DoJ approves Arris’s $2.35B proposed acquisition of Motorola Home is written by Brian Sin & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

DOJ requires wireless spectrum auction to give smaller carriers a competitive chance

The Department of Justice told the Federal Communications Commission that the upcoming wireless spectrum auction should give smaller carriers, like T-Mobile, a fighting chance to obtain spectrum in the low-frequency band. The wireless spectrum up for sale is being offered voluntarily by TV broadcasters so that wireless carriers can take advantage of them. However, with big-timers like AT&T and Verizon Wireless looming around, smaller carriers are unable to compete.

US DOJ requires wireless spectrum sale to ensure competition

The 600MHz frequency band will be sold at the auction. Currently, AT&T and Verizon Wireless have a similar low-band 700MHz frequency, which they are currently using to build out their 4G LTE coverage. However, many smaller carriers have very little of these lower frequency bands. In fact, T-Mobile has none. These low-frequency bands are highly coveted, as they can penetrate through buildings, and travel long distances.

The DOJ told the FCC that if AT&T and Verizon Wireless were to purchase all the spectrum they want from the auction, they won’t use the spectrum efficiently. It believes that the two major wireless carriers will purchase the spectrum just to make sure the smaller carriers don’t have the chance to use them. Without the added competition, the major carriers would be able to continue to charge high fees. The DOJ stated in its filing,

“A large incumbent may benefit from acquiring spectrum even if its uses of the spectrum are not the most efficient if that acquisition helps preserve high prices.”

The DOJ also states,

“Namely, the more concentrated a wireless market is, the more likely a carrier will find it profitable to acquire spectrum with the aim of raising competitors’ costs. This could take the shape, for example, of pursuing spectrum in order to prevent its use by a competitor, independent of how efficientialy the carrier uses.”

The DOJ states that by giving smaller carriers a chance to purchase the spectrum they need, more competition would ensue, which would be the best thing for the wireless business. If smaller carriers are able to secure low-band frequencies from the auction, they will be able to improve their coverage, and in turn “make them stronger, more aggressive competitors.” It’s still undecided how the DOJ and FCC will regulate the auction, however the DOJ suggested that the larger carriers be only allowed to purchase smaller blocks of the low-frequency spectrum.

[via CNET]


DOJ requires wireless spectrum auction to give smaller carriers a competitive chance is written by Brian Sin & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

DOJ identifies lower frequency spectrum as key to wireless competition

DOJ identifies lower frequency spectrum as key to wireless competition

The Department of Justice has provided the FCC with new recommendations for governing spectrum auctions, and with a heavy emphasis on leveling the playing field, the findings are likely to draw the ire of AT&T and Verizon. In its briefing, the DOJ made its case that the nation’s two largest carriers currently hold market power, which is due to the heavy concentration of lower frequency spectrum (below 1,000MHz) allocated to the two incumbents.

According to DOJ officials, “This results in the two smaller nationwide carriers having a somewhat diminished ability to compete, particularly in rural areas, where the cost to build out coverage is higher with high-frequency spectrum.” Although the DOJ never came right out and said it, one can easily surmise that it’s guiding the FCC to establish rules that favor smaller carriers — namely Sprint and T-Mobile — in future low-frequency spectrum auctions. In the DOJ’s opinion, an incumbent carrier would need to demonstrate both compelling evidence of capacity constraints and an efficient use of its current licenses in order to gain additional lower frequency spectrum. Otherwise, the opportunity exists for AT&T and Verizon to snap up licenses simply in attempt to harm competitors.

Given that the FCC and DOJ share the responsibility of ensuring competition in the marketplace, it seems unlikely that this latest brief will fall on deaf ears.

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Via: Reuters

Source: FCC (PDF)

DoJ now in favor of using search warrants to access user email

DoJ now in favor of using search warrants to access user email

The United States Justice Department seems to be listening to cries from Google (among others) that the 1986 ECPA (Electronic Communications Privacy Act) should be revised to reflect the vastly different universe that we now live in. DoJ attorney Elana Tyrangiel testified before the US House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations today, and in a nutshell, she now seems willing to think about the use of search warrants to access all types of email. Previously, the entity wanted the use a far less strict method for gaining access — giving less privacy to opened emails or emails that were over half a year old.

In part, she stated: “We agree, for example, that there is no principled basis to treat email less than 180 days old differently than email more than 180 days old. Similarly, it makes sense that the statute not accord lesser protection to opened emails than it gives to emails that are unopened.” Certainly, this is a step in the right direction, but we’re a long way from having a genuine solution. We’ll be covering the saga as it unfolds, but for now, have a look at the full brief in the source below.

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Via: The Verge

Source: US Department of Justice

Microsoft Facing SEC And DOJ Probe Over Foreign Bribery

 

Microsoft Facing SEC And DOJ Probe Over Foreign Bribery

It seems like Microsoft has landed itself in some hot waters. According to the Wall Street Journal, the Redmond based company is under investigation by the Securities and Exchanges Commission as well as the Department of Justice over claims that it has taken part in bribery in foreign countries, which include China. As of now the investigation is thought to be in its initial stages. (more…)

By Ubergizmo. Related articles: Microsoft Offering Windows Developers $100 In Cash For New Apps, Samsung VP Confirms Watch,

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

T-Mobile, MetroPCS merger gets approval from Department of Justice

Back in October, it was announced that T-Mobile would be acquiring regional carrier MetroPCS, but the deal isn’t final just yet. It obviously has to pass through several government barriers before it can officially happen. However, there’s one less hurdle to jump now, as the Department of Justice has given the merger the green light.

MetroPCS-moves-back-shareholder-meeting-to-April-12th

Now that the Department of Justice is out of the way, the acquisition deal now needs to make its way through the Federal Communications Commission (FCC), the Committee on Foreign Investment, and MetroPCS shareholders, who are scheduled to vote on the merger on April 12, as previously reported a couple days ago.

MetroPCS is obviously encouraging shareholders to vote yes, and they say that voting for the merger has the same effect as voting against it. T-Mobile says that if shareholders vote against the merger, “there is no assurance that MetroPCS will be able to deliver the same or better stockholder value.”

Executive boards at both carriers have already approved the merger, and T-Mobile aims to migrate all MetroPCS customers over to T-Mobile’s system by 2015. T-Mobile is the US’s 4th-largest carrier, with MetroPCS being the 5th largest. While the merger may not put T-Mobile in third place, it certainly give the carrier quite a boost that it’s been wanting.

[via eWeek]


T-Mobile, MetroPCS merger gets approval from Department of Justice is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.