July 23, 2018

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.

E.U. Fines Google $5.1 Billion in Android Antitrust Case.  European authorities fined Google a record $5.1 billion on Wednesday for abusing its power in the mobile phone market and ordered the company to alter its practices, in one of the most aggressive regulatory actions against American technology giants and one that may force lasting changes to smartphones. The European Union’s antitrust fine of 4.34 billion euros was almost double the bloc’s fine against Google last year over the company’s unfair favoring of its own services in internet search results. The penalty’s size highlighted Europe’s increasingly bold stance against the power of American tech firms, even as officials in the United States have taken a largely hands-off approach to the companies.

Qualcomm disappointed with continuing EU probe into pricing case.  U.S. chipmaker Qualcomm on Thursday expressed disappointment with EU antitrust regulators’ decision to continue an investigation in a case where it has been accused of charging below cost prices to stymy British phone software maker Icera.  “While the investigation has been narrowed, we are disappointed to see it continues and will immediately begin preparing our response to this supplementary statement of objections,” Qualcomm general counsel Don Rosenberg said in a statement.

Comcast concedes to Disney in bidding war for Fox assets.  Comcast Corp. dropped its $66 billion bid for Twenty-First Century Fox Inc.’s entertainment assets on Thursday but said it would still try to expand its international footprint by acquiring 61 percent of European broadcaster Sky Plc, the remainder of which is owned by Fox. Comcast’s withdrawal is a concession to Walt Disney Co (DIS.N), which last month sweetened its offer for the Fox assets to $71.3 billion, in a bid to unite two storied Hollywood studios and several television networks under one corporate umbrella.

U.S. Tech Enforcer Says Will Read ‘Closely’ EU Statement on Google.  The head of the U.S. Federal Trade Commission, which has investigated Alphabet’s Google in the past for abuse of web dominance, said on Wednesday he would take a close look at Europe’s recent decision to fine the company 4.34 billion euros ($5 billion). Speaking at a hearing in Capitol Hill, FTC Chairman Joseph Simons said he had spoken on Tuesday with EU antitrust chief, Margrethe Vestager. “We’re going to read what the EU put out very closely,” Simons told a subcommittee of the House of Representatives Energy and Commerce Committee.

Leave a comment »

Categories: Antitrust Enforcement, International Competition Issues

    July 16, 2018

    The Antitrust Week In Review

    Here are some of the developments in antitrust news this past week that we found interesting and are following.

    EU Google decision delayed to next week, source says, as Trump visits.  EU antitrust regulators have postponed to next week a finding against Google’s Android mobile operating system, a person familiar with the matter said, avoiding any clash with a visit to Brussels by U.S. President Donald Trump. The European Commission had scheduled a meeting of national competition agencies for Tuesday to brief them on the case, including what is expected to be a record-breaking fine against Alphabet unit Google. But the meeting has been rescheduled to July 17, the person said, without giving a reason for the change. Other sources said they expected a delay due to the presence of Trump, who is due to attend a NATO summit in Brussels this week.

    Justice Department to Appeal Approval of AT&T Acquisition of Time Warner.  The U.S. Justice Department said on Thursday it would appeal a federal judge’s approval of AT&T Inc.’s $85.4 billion acquisition of Time Warner, raising the prospect barely a month after the deal closed that it could be undone. AT&T was sued by the Justice Department on antitrust grounds, saying that the deal would harm consumers, but U.S. District Judge Richard Leon last month approved the deal, allowing it to move forward following a lengthy trial. The merger, first announced in October 2016, was also opposed by President Donald Trump. Leon ruled that the tie-up between AT&T’s wireless and satellite businesses with Time Warner’s movies and television shows was legal under antitrust law.

    Japan watchdog: Apple may have breached antitrust rules with iPhone.  Japanese regulators said on Wednesday Apple Inc may have breached antitrust rules by forcing mobile service providers to sell its iPhones cheaply and charge higher monthly fees, denying consumers a fair choice. The Fair Trade Commission said that the Japanese unit of Apple had forced NTT Docomo Inc., KDDI Corp. and SoftBank Group Corp. to offer subsidies and sell iPhones at a discount. “Obliging carriers to offer subsidies (for iPhones) could have prevented the carriers from offering lower monthly charges and restricted competition,” the FTC said in a statement.

    Siemens, Alstom deal faces full-scale EU antitrust probe: sources.  Siemens and Alstom are set to face a full-scale EU antitrust investigation this week after declining to provide concessions to allay regulatory concerns about their plan to combine their rail operations, two people familiar with the matter said. German industrial group Siemens and French rival Alstom want to create a Franco-German rail champion to compete more effectively with bigger rival CRRC and Canada’s Bombardier Transportation. The companies had until July 6 to offer concessions to the European Commission but did not do so. Some firms prefer to wait for the EU antitrust enforcer to set out possible anti-competitive issues so they can tailor concessions to address them.

    Leave a comment »

    Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

      July 2, 2018

      The Antitrust Week In Review

      Here are some of the developments in antitrust news this past week that we found interesting and are following.

      Supreme Court Sides With American Express on Merchant Fees.  American Express did not violate the antitrust laws by insisting in its contracts with merchants that they do nothing to encourage patrons to use other cards, the Supreme Court ruled last week. The decision has implications not only for what one brief called “an astronomical number of retail transactions” but also for other kinds of markets, notably ones on the internet, in which services link consumers and businesses. Such “two-sided platforms,” the court said, require special and seemingly more forgiving antitrust scrutiny.

      U.S. rate-rigging payouts top $500 million as final banks settle.  Investors have reached $96 million in settlements with the final five defendants in private U.S. litigation accusing banks of rigging a key interest rate benchmark in the global derivatives market, boosting the total payout to more than $500 million. BNP Paribas SA and Morgan Stanley will each pay $33.5 million, Nomura Holdings Inc. and Wells Fargo & Co. will each pay $8.75 million, and brokerage ICAP Capital Markets LLC will pay $11.5 million, according to filings in U.S. District Court in Manhattan. Upon receiving court approval, the settlements would increase the total recovered from 14 banks plus ICAP to $504.5 million.

      Disney’s Bid for Fox Clears US Antitrust Hurdle.  The Walt Disney Co. on Wednesday won U.S. antitrust approval for its $71.3 billion bid for Twenty-First Century Fox’s entertainment assets. Disney must first sell its 22 regional sports networks, the Department of Justice said. The company has 90 days to sell the networks, with an option to extend for another 90 days.

      Visa, Mastercard close to settle issues over card-swipe fees – WSJ.  Visa Inc. and Mastercard Inc. are close to settling a long-running antitrust lawsuit with merchants over the fees they pay while they accept card payments, the Wall Street Journal reported on Thursday, citing people familiar with the matter. Under the settlement, Visa, Mastercard and a number of banks that issue debit and credit cards including JPMorgan Chase & Co., Citigroup Inc. and Bank of America Corp. would pay the merchants around $6.5 billion, the report said on.wsj.com/2Kx4Wby, citing some of the people. It is not clear how the payment would be split up among the card networks and the issuing banks, according to the report

      Leave a comment »

      Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

        June 25, 2018

        The Antitrust Week In Review

        Here are some of the developments in antitrust news this past week that we found interesting and are following.

        New FTC chair wants to look at market power of big internet companies.  Joseph Simons, the new chairman of the U.S. Federal Trade Commission (FTC), said on Wednesday that the agency would keep a close eye on big tech companies that dominate the internet. Simons said the power of the big tech platforms – none of which he cited by name – raised new questions about competition and privacy. “It makes it very appropriate for it to be the subject of hearings and for us to get input on that,” he said at a question session with reporters. Controversies surrounding Facebook and Alphabet Inc., Google’s parent company, have led to calls for the FTC to look more closely at whether these companies use their market power to hurt potential rivals.

        Hawaii, Japan Airlines Seek OK to Coordinate Flights.  Hawaiian Airlines and Japan Airlines have submitted paperwork seeking to join forces to potentially bring hundreds of thousands of more people to Hawaii. The airlines have recently filed an application with the U.S. Department of Transportation and the Japanese government requesting immunity from antitrust laws to create a joint venture, West Hawaii Today reported. The partnership would allow the companies to coordinate flight schedules and share certain costs and revenues as well as work together on marketing and advertising, the airlines said in the filings.

        U.S. top court mulls Apple’s App Store commissions in antitrust case.  The U.S. Supreme Court has agreed to take up Apple Inc.’s bid to escape a lawsuit accusing it of breaking federal antitrust laws by monopolizing the market for iPhone software applications and causing consumers to pay more than they should. The justices said they would hear Apple’s appeal of a lower court’s ruling that revived the proposed class-action lawsuit by iPhone buyers over commissions that the Cupertino, California-based technology company receives through its App Store. The case could expand the threat of antitrust damages against companies in the rapidly growing field of electronic commerce, which generates hundreds of billions of dollars annually in U.S. retail sales.

        EU sees signs of improvement after Google antitrust shopping case.  It is too early to judge Google’s reforms in response to an antitrust case over online shopping, though there are signs some rivals are benefiting, Europe’s competition chief said. The comments from European Competition Commissioner Margrethe Vestager come amid calls from Google’s competitors for her to take more drastic action against the world’s most popular internet search engine. A year after being hit with a record 2.4-billion-euro ($2.8 billion) fine by the European Commission, Google has yet to create a level playing field, according to rivals such as British comparison shopping sites Foundem and Kelkoo and others in the travel search, digital mapping and publishing markets.

        Leave a comment »

        Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

          June 18, 2018

          The Antitrust Week In Review

          Here are some of the developments in antitrust news this past week that we found interesting and are following.

          AT&T Antitrust Win May Herald New Wave of Media Mergers.  Brace yourself for a likely new era of media megamergers. AT&T’s victory over the government’s attempt to block its $85 billion takeover of Time Warner underscores just how much the way people watch — and pay for — TV has changed. It also highlights how corporate America wants to adapt to deal with its new environment. In short: Bigger is better.

          Trump gets win at U.S. Supreme Court in China antitrust case.  The U.S. Supreme Court sided with the Trump administration and against China on Thursday on a disputed aspect of their fraught trade relationship, throwing out a lower court ruling that had allowed two Chinese vitamin C makers to escape $148 million in damages for violating American antitrust law. In a case that brought the trade conflict between the world’s two largest economies before the top U.S. court, the justices ruled 9-0 that the lower court gave too much deference to Chinese government filings explaining China’s regulatory policy. The justices sent the case back for reconsideration by the New York-based 2nd U.S. Circuit Court of Appeals, which in 2016 threw out the damages won by two American companies that buy vitamin C.

          Comcast’s Pursuit of Fox Will Face Hurdles, Despite AT&T’s Victory.  In the coming days, Comcast will most likely unveil its takeover bid for most of 21st Century Fox, challenging The Walt Disney Company for the same Fox entertainment assets. Fox had turned down Comcast last year, worried that the cable giant’s bid — even though it was much higher than Disney’s — could be blocked by regulators. But that concern was lessened on Tuesday afternoon when a federal judge approved AT&T’s $85.4 billion deal for Time Warner. While AT&T’s victory over the Justice Department means that Comcast now faces fewer regulatory issues in its pursuit of Fox, obstacles remain.

          Apple, Qualcomm battle over possible ban on some U.S. iPhone imports.  The staff of the U.S. International Trade Commission on Friday recommended that a trade judge find that Apple Inc. infringed at least one of Qualcomm Inc.’s patents, a move that could lead to blocking the import of some iPhones. The San Diego chipmaker filed a complaint against Apple nearly a year ago, asking the commission to ban the import of iPhones containing rival chipmaker Intel Corp.’s so-called modem chips, which help mobile phones connect to wireless data networks. At a trial in Washington that started on Friday, the ITC staff said Apple violated one of Qualcomm’s patents around battery-saving technology.

          Leave a comment »

          Categories: Antitrust Litigation, International Competition Issues

            « Previous Entries   Next Entries »






            © 2009-2024 Constantine Cannon LLP. Attorney Advertising. Disclaimer. Privacy Policy.