Showing posts with label antitrust. Show all posts
Showing posts with label antitrust. Show all posts
The regulatory costs of doing business

The regulatory costs of doing business

Apple Inc has created a huge amount of wealth for society. But government bureaucrats think that they know best how things should be run.

But Apple’s aggressive exploitation of its immensely popular iPhone, iPad and sprawling online marketplace for music and digital applications has raised the eyebrows of regulators and lawmakers, who worry the company’s dominance might stifle competition. . . .

Such complaints are leading Apple to become more engaged in Washington. Since its dramatic growth began in 2003 — the value of its shares has skyrocketed to more than $300 billion from $2.5 billion — the Cupertino, Calif., company has more than tripled its federal lobbying expenses to $1.6 million last year.

In February, the company boosted its forces by hiring the high-powered Washington lobbying firm of Fierce, Isakowitz & Blalock. And Apple Chief Executive Steve Jobs has met with President Obama twice in the last five months, unusual forays into the political arena for the company’s co-founder. Those moves help Apple make its case to policymakers and regulators on issues that affect it, as well as help the company learn about potential problems and pending legislation before they become public. Still, Apple remains a surprisingly small-time player inside the Beltway. . . .
Government pressure forces Apple to Change its App Policy

Government pressure forces Apple to Change its App Policy

There were good reasons why Apple didn't want programmers to use Adobe programming that allows the writing of programs that can simultaneously run on multiple platforms. Apple didn't want this because it would result in programs that only contained options that are present on all the platforms and not let them take advantage of Apple's unique capabilities. Apple and its customers will lose from this anti-trust pressure.

In an uncharacteristic about-face, Apple Inc. loosened its control over software development for its iPhones and iPads as the company feels heat from a U.S. antitrust investigation and rising competition from mobile devices powered by Google Inc.'s Android software.

The move gives software developers more freedom to decide how to build their applications, or "apps." It will relax restrictions Apple introduced in the spring that had effectively blocked use of programming technology from Adobe Systems Inc. and potentially impeded Google's AdMob ad network from serving ads to Apple apps.

The concession comes after the Federal Trade Commission launched an inquiry around June to determine whether Apple had violated antitrust laws with the earlier policy. It isn't clear if Apple's move Thursday was in response to the FTC's investigation, but it will likely be carefully scrutinized by the regulatory agency, said people familiar with the situation.

An Apple spokeswoman didn't respond to requests for comment about the FTC probe. The FTC declined to comment. . . .
Why Apple rejected one of Google's software products for the iPhone

Why Apple rejected one of Google's software products for the iPhone

Apple has its own program for the iPhone and the government wants to force them to put competing Google software on its phone.

Weeks ago, when Google publicly revealed the content of its letter to the FCC in response to a government inquiry, it was discovered that Apple allegedly rejected the Google Latitude Application, because Apple believed the software could replicate the native Maps application included with the iPhone -- software also created by Google. Apple said that the new software could "create user confusion" with Google Maps. . . .


Apple approves Vonage's iPhone app:

Vonage, a pioneer in Internet-based phone service, is launching applications for the iPhone and BlackBerry that undercut the international calling rates of major wireless carriers.
When the phones are connected to a Wi-Fi hot spot, the calls go over that link, bypassing the wireless carrier entirely. When Wi-Fi is not available, the calls are placed as local wireless calls, using up minutes on the cell phone plan. Vonage then carries the calls to their overseas destination.
The fact that the Vonage app for the iPhone can use the cellular voice channel is unusual. Several other voice-over-Internet apps for the iPhone and iPod Touch can already place calls over Wi-Fi. But Google's Voice application, which is designed to use the cellular network, has not been approved. . . .


Very interestingly, popular gaming programs have also been rejected by Apple because of programing issues. Whatever claimed issues are present with Google, they don't seem consistent with any explanation for why Apple would reject these games.

Doom Classic was rejected twice before Apple allowed it to appear in the store with some minor changes. . . .
Obama administration likely to make life difficult for Apple

Obama administration likely to make life difficult for Apple

Some are upset that Apple is honoring its agreement with AT&T: "Apple Should Accept Google Voice"

It's time for Apple and AT&T to fully consider what is at stake and do the right thing. Give the FCC a win if that's what it takes, but let your customers have Google Voice if they want it--as they obviously do.

The era of total control that Apple and AT&T have enjoyed with the iPhone is over. AT&T has admitted it won't have exclusivity on the iPhone forever and Apple is under increasing federal scrutiny. It's only a matter of time before the Apple anti-trust inquiry begins.

The two companies would vastly improve their standing with their most influential customers by getting Google Voice apps into the App Store as quickly as possible and admitting the error of their ways. It's going to happen regardless at some point, so why not admit defeat while it can still be done gracefully?

For AT&T, this offers some hope that the moment the iPhone is available from another U.S. carrier that customers won't jump ship in large numbers, even if they have to buy new hardware to do it. (I'd imagine Apple would be just fine with that). . . .


Meanwhile Palm is upset with Apple for Apple not letting Palm use its software.

Palm has filed a complaint with the USB Implementers Forum claiming Apple is restricting trade by not allowing the Pre smartphone to use iTunes to sync and manage content. . . .


Also the FTC is still investigating Apple and Google for Google's CEO having served on Apple's board. Under the "Too little too late?" heading:

The Federal Trade Commission commends Apple and Eric Schmidt's decision on their parting of the ways this morning, but it appears that the federal investigation into the so-called "interlocking directorates" will continue, and that cannot be good news for either company.

In a statement released this afternoon, FTC Bureau of Competition Director Richard Feinstein says "We will continue to investigate remaining interlocking directorates between the companies.” . . . .
Anti-trust enforcement is going after everything

Anti-trust enforcement is going after everything

Airlines upset that DOJ won't let them work together on sharing passenger miles.

Nine airlines in the global Star Alliance and aspiring member Continental Airlines Inc. on Monday criticized the Justice Department's objections to their plans to cooperate more closely on international routes, fares and capacity.

The airlines' application for antitrust immunity for such cooperation was provisionally granted in April by the Department of Transportation, which has sole authority over such pacts. But on June 26, the Justice Department weighed in with a belated broadside against the airlines' plans. Justice said the cooperation would lead to higher fares, hinder competition and hurt consumers. . . . .


Now they are looking into AT&T's deal with Apple on the iPhone.

The Department of Justice has begun an initial review to determine whether large U.S. telecom companies such as AT&T Inc. and Verizon Communications Inc. have abused the market power they've amassed in recent years, according to people familiar with the matter.

The review of potential anti-competitive practices is in its very early stages, and it isn't a formal investigation of any specific company at this point, the people said. It isn't clear whether the agency intends to launch an official inquiry. . . . .


More on the iPhone related investigation see here. Some critics of the investigation can be seen here.

Let me get this straight. DOJ is upset with the airlines because they all miles to be shared (thus preventing some type of "lock in"), but they are upset that a model telephone is available for only one carrier.

Additional examples:

Airlines

The Department of Transportation gave final approval for Continental Airlines Inc. to enter a cooperative agreement with nine other airlines for international routes, largely brushing aside concerns from the Justice Department.

The DOT order came two weeks after the Justice Department blasted the plan as harmful to consumers and competition. The order gave the Star Alliance airlines nearly everything they wanted and imposed only modest concessions.


UPDATE: Making investments riskier.

As if investors needed more to worry about. The outlook for corporate profits already is clouded by an uncertain economy, and markets remain skittish. Now there is a burst of antitrust activism.

The Justice Department is conducting a review of the telecom industry. Last week, it toughened its line on payments paid by drug makers to avoid defending patents in court. It also convinced the Department of Transportation to put restrictions on a route-sharing pact between Continental Airlines and the Star Alliance. . . .


UPDATE 2: Something to put these concerns into perspective.

Yesterday Apple (AAPL) finally made good on threats and blocked the ability of Palm Pre owners to synch their devices with Apple's iTunes software. And that's just fine.

Expectations that Apple should open up its software to let other devices use it are unreasonable. Yes, in a perfect world of perfect interoperability, all devices should play nice with each other. But we don't live in that world and most of the technology companies I know of don't either. So why should Apple?

Here's Apple's statement: "iTunes 8.2.1 is a free software update that provides a number of important bug fixes. It also disables devices falsely pretending to be iPods, including the Palm Pre. As we've said before, newer versions of Apple's iTunes software may no longer provide synching functionality with unsupported media players," said Apple spokesperson Natalie Kerris. Translation? Yes, we blocked Pre synching. Are you surprised?

Apparently, the masses were shocked, shocked! As reports filtered out over the internet that Apple had blocked Palm Pre owners from synching to iTunes, howls of outrage filled the blogosphere. Pre owners screamed bloody murder. The free information crowd went crazy. "Apple's iPhone and iPod Monopolies Must Go!" thundered one headline. It was as if there were no other options to Apple in music-playing and smartphones.
Naturally, no one seemed to be protesting that iPhone owners couldn't synch their devices with Windows-based music-playing devices or that Pre owners couldn't synch their devices with Blackberry software systems.

In a nutshell, it sure looks like Apple is being held to an extremely unreasonable standard. You can't play Wii games on an Xbox 360. But I have yet to hear complaints that video game packages are not compatible. The principle is the same. Makers of proprietary hardware devices allow software from competitors to run on those devices at their discretion. Period. If Apple doesn't want to support Palm, that's its prerogative.

This issue is not only confined to the technology sector. Honda doesn't feel compelled to support Toyota owners who would like to use Honda's superior airbag control systems, for example. . . . .


UPDATE 3: Verizon responds to this political pressure and says that it will limit new exclusive handset deals to six months

Applies to carriers with less than 500,000 customers

* Could also apply to other "small" carriers

* Offer open to Cellular South, not U.S. Cellular (Adds analyst, consumer group comment)

By Diane Bartz and Sinead Carew

WASHINGTON/NEW YORK, July 17 (Reuters) - Verizon Wireless is dialing back on its exclusivity agreements with handset makers after pressure from U.S. lawmakers and smaller carriers.

The biggest U.S. mobile service said on Friday it will limit exclusivity periods with cellphone makers to six months and then allow the country's smallest wireless service providers to sell the devices.

The move comes after reports that the U.S. Department of Justice was taking a preliminary look into whether U.S. operators had violated antitrust laws by obtaining exclusive deals to sell specific phones.

Exclusivity deals are common among the biggest U.S. carriers but have recently faced strong opposition from small, rural carriers, which say they lack the clout to make deals to carry the most popular advanced phones.

The iPhone has drawn such deals into the spotlight because AT&T Inc (T.N), the second biggest U.S. wireless service, has had exclusive U.S. rights with Apple Inc (AAPL.O) since 2007. . . .
EU Levies Record $1.45 Billion fine in Intel Monopoly Case

EU Levies Record $1.45 Billion fine in Intel Monopoly Case

My own belief is that this is the European way of taxing American firms.

European regulators hit Intel Corp. with a $1.45 billion fine -- the largest ever assessed there for a case involving monopoly abuse -- and called for changes in the way the U.S. company sells the microprocessors at the heart of most of the world's PCs.

The decision, which Intel vowed to appeal, underscored the European Union's willingness to challenge the business practices of dominant U.S. technology companies like Intel, Microsoft Corp. and Google Inc. Though there are new signs the Obama administration will get tougher on antitrust abuses, rules enforced by European regulators are already having a big effect on Silicon Valley companies and leaders of other industries. . . . .