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Korean FTC May Investigate Apple/Samsung

freaktheclown writes "Samsung may have sold Apple flash memory chips at below-market prices, possibly violating the country's competition laws. From the article: 'According to a report by Yonhap News, Korean Fair Trade Commission (FTC) Chairman Kang Chul-kyu said that his agency could look into allegations that Samsung sold the memory chips to Apple at below-market rates. Apple reportedly grabbed a significant share of Samsung's flash capacity in order to introduce its new iPod Nano. Analysts also speculate the computer maker got a significant discount from Samsung in order to hit the Nano's $199 and $249 prices.'" Adds a new layer to a previous story, eh?

148 comments

  1. Pretty iffy by Silvrmane · · Score: 5, Insightful

    The "article" on the blog this story points to is full of "may" "could have" "possibly" and other weasle-word disclaimers. Nothing to see here.

    1. Re:Pretty iffy by digitalunity · · Score: 4, Insightful

      Obviously, I haven't RTFA yet... but I hope the article summary is a typo. Wouldn't it make more sense for FTC regulators to get involved when someone sells something below production-cost instead of market value? I mean, selling for something cheaper than your competitor is part of being in a free market. I'd be more concerned if it was being sold at a loss because that is anti-competitive.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    2. Re:Pretty iffy by NanoGator · · Score: 1

      "The "article" on the blog this story points to is full of "may" "could have" "possibly" and other weasle-word disclaimers. Nothing to see here."/i.

      Yeah. It's too bad this story wasn't about Microsoft. We'd have so much more to talk about!

      --
      "Derp de derp."
    3. Re:Pretty iffy by NotWorkSafe · · Score: 1

      Meh it really doesn't matter. Everyone knows that in Korea only old people use flash memory.

      --
      There is no theory of evolution. Just a list of animals Chuck Norris allows to live.
    4. Re:Pretty iffy by tabbser · · Score: 2, Insightful

      Then, before posting, why don't you actually go ahead and RTFA, maybe you could answer your own questions.
      This place is full of too many armchair econmists, armchair politicians, armchair etc...

      Not aiming at you individually, but I do wish people would actually read the fucking article before talking about it.

    5. Re:Pretty iffy by Anonymous Coward · · Score: 0
      if it was being sold at a loss because that is anti-competitive.

      Who are you to say that selling at a loss is "anti-competitive"? What exactly is that word supposed to mean anyway? I'll bet you can't come up with a definition that isn't competely arbitrary.

      selling for something cheaper than your competitor is part of being in a free market

      Engaging in voluntary trade of any type is what being part of the free market is about. If it's voluntary with respect to all parties involved, then guess what? It's none of your damn business to interfere by force, and if you do, then YOU are the one in the wrong.

      THAT is the only way to define anti-competitive behavior without being completely arbitrary -- if it's coercive, it's anti-competitive. If it's voluntary, it's not. Simple, precise, conclusive, unambiguous.

      So who is really in the moral wrong here? The traders, who do business by voluntary association, or the government, who does business by force?

    6. Re:Pretty iffy by xgamer04 · · Score: 2, Insightful

      I would suggest familiarizing yourself with Korean business law before making such a statement...

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    7. Re:Pretty iffy by ehlo · · Score: 0

      Yeah.
      In free market, price mechanism is market.
      The market sets the price.
      Thats like the first rule of supply and demand.

    8. Re:Pretty iffy by digitalunity · · Score: 1

      Honestly, I couldn't care less what the article itself says, and that's not what I was talking about. What I would like is for story titles and article summaries to be accurate. I know, I know... that's a lot to ask for around here. Also, while you assume the majority of persons here are 'armchair etc.' or whatever, I think that you might be partially correct but also there are a lot of qualified people who have things to say that don't fit in with groupthink.

      Instead of calling me an 'armchair economist', why don't you refute what I'm saying?

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    9. Re:Pretty iffy by Allnighterking · · Score: 1

      From having lived/worked and done business in Korea for the last 15+ years, you need to understand the very different attitude in business and competition they have. For example the concept of owning a product from ore to showroom which in the US for example is a form of monopoly, in Korea is standard business method. It's possible to live in a home built by one of the major chaebol's (Samsung Hyundai Daewoo Lotte etc) wear clothes manufactured by them, eat food packaged and processed by them, all of your furniture, medicines, electronics, etc etc etc all from 1 single company. (In fact many do). There, what we call price fixing in the US, is thought of as protecting the small business. It's impossible for any one company to sell a product cheaper than the market rate to prevent the large chaebol's (a form of verticle conglomerate) from price gouging to control the market. This means that Samsung, who in this case controls the majority of the market in flash memory chips, cannot drop the price below what Hyundai sells it for, if that is the market rate.

          Anyone who tries to put a "Right or Wrong" spin on it in this respect is a fool in that you are dealing with the blue mud syndrome (ala Heinlein, and Lazurus Long). If you are in a place where all of the people rub blue mud on their bellies and you don't join in. It is you that are wrong, not them.

          Note too that Korea has in place a methodology in the law that allows for one to challenge the market price and change it (up or down) which Samsung may well be able to do, and market forces may demonstrate the need. The question is, did Samsung lower the price to draw business away from other Korean companies, or did they do it to get the business into Korea at all. The problem Samsung faces is that they have always been looked upon by the government as the "rebel child", in that the president/CEO/Owner of the company is Western educated and oriented in his business attitude (oh and btw his wife is every bit his equal, for example she is a principle in Industrial Light and Magic.)

      --

      I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  2. Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 5, Informative

    > Analysts also speculate the computer maker got a significant discount from Samsung in order to hit the Nano's $199 and $249 prices.'"

    They can speculate that all they like, but the $199 2GB nano has Toshiba chips, not samsung.

    Try again.

    1. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by baryon351 · · Score: 4, Informative

      Correct. this picture shows the flash chips in a 2GB nano. Linked directly from arstechnica's nano autopsy

    2. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 0

      Are you completely blind? Its right there...ON THE CHIP! Its upside down so maybe thats a bit much for you to handle.

    3. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Vann_v2 · · Score: 2, Informative

      Huh? The picture is upside down, but on each chip it clearly says "Toshiba XD9936."

    4. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Kasracer · · Score: 1

      Damn, are you blind?

    5. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Hast · · Score: 3, Informative

      First off, the chips are clearly marked TOSHIBA in the first photo. It's on the lower side and upside down, but still easy to see.

      Second, Ars is not an Apple fansite. In fact it is in many ways a lot better than Slashdot. In particular their articles on CPU tech are often linked from Slashdot and are of extremely high quality. (As in "the best you'll find online".)

    6. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by DeafByBeheading · · Score: 2, Informative

      Maybe you have a better monitor than me that can see invisible things...

      Grandparent and I both, apparently. Or if you'd bothered to take a look at the article linked by grandparents, you would've seen they discuss the Toshiba chips. I can't imagine why you migh think that arstechnica is making up facts about the nano's flash memory, but it's easier to give another source than try to dispute that...

      --
      Telltale Games: Bone, Sam and Max
    7. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by rebeka+thomas · · Score: 0, Troll

      > Second, Ars is not an Apple fansite. In fact it is in many ways a lot better than Slashdot.

      Any site that tries to combat the known problems with iPod nano's lack of reliability, screen cracking and bad scratching problems with a fluff piece showing how "well" it handles abuse is a mac fan site in my books.

      The rest of the world is seeing nano screens cracking at a touch and scratching like nobody's business and this one lone site tries to show they're tough? I think you have to be pretty naive not to see the link, or who might be sponsoring the arstechnica article.

      --
      RST
    8. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 0

      Maybe they should ignore the criticism altogether - they way you have when notified of your own inability to read clear-as-day (though upside-down) text.

      You lose credibility when your own bias is so apparent.

    9. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by m4dm4n · · Score: 1

      Your monitor must really suck. The Toshiba, while upside down, is clearly visible.

    10. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by iainl · · Score: 1

      So to avoid the fact that you've demonstrated your inability to read simple (though upside-down) text, you're pretending that Ars published that article AFTER people started complaining about the screens, not before?

      Clever.

      --
      "I Know You Are But What Am I?"
    11. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 0

      It's obvious Ars nano got scratched before they started to throw it out of windows. To cover up the fact they start the beating no sane people would ever do. And their conclusion is that if you stomp on electronics it eventually will break is like saying water is wet.

      Ars is a Mac site.

    12. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 0

      Well done for hitting the Anonymous Coward checkbox for that one Rebeka to make it look like you're not the only one with an insane look on how Ars Technica is biased.

    13. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 1, Informative
      Incorrect. This article shows the flash chips in a 2GB nano [theinquirer.com]. Linked directly from iSuppli's nano autopsy.

      From the article:

      "The attached photo of a PCB from the 2Gbyte iPod nano dissected by iSuppli shows the Samsung name and part number listed on the NAND flash devices.

      As with most products that employ commodity memory parts, the iPod nano is capable of using and sometimes does utilize comparable products from alternative suppliers--a practice known as "second-sourcing." "

    14. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by aliensporebomb · · Score: 1

      I thought the Ars "beating" of the Nano could have been a bit better.

      I would have liked to see it tossed down the stairs into a catbox.

      Now that would have been cool, especially if it was able to still
      play "kids cereal" by Z afterwards.

    15. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Anonymous Coward · · Score: 0

      Hey troll, since common sense can't seem to get through to you, I'll just state what may be already obvious. You're retarded.

      Not only are you blind (How can you seriously miss the "TOSHIBA" written on the flash chips?), you're also so stubborn that you can't admit that you're wrong.

      And genius, look at the article date. This article was posted way before the iPod Nano uproar began.

    16. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by TetryonX · · Score: 1

      Since this got a bit out of hand, and someone actually posted a relevant link to this current thread, lets solve this problem once and for all.

      Unlike the disk-based iPod, the Nano is outfitted with flash memory made either by Toshiba (PNK: TOSBF.BK) or by Samsung, depending on the model.
      Not RAM. Not just one brand. http://news.yahoo.com/news?tmpl=story&u=/nf/200509 15/tc_nf/38199 as posted by DeafByBeheading (881815).

      I'd just like to point that out. It's accuracy is certainly up to debate, and only Apple can truely end this debate.

      Let's let this thread die now.

      --
      [!] No, I can't see my comments. They are not worthy of +3 moderation.
    17. Re:Toshiba RAM in $199 nanos, NOT SAMSUNG by Allnighterking · · Score: 1

      Yes but the Toshiba branded chips are manufactured by Samsung.....

      --

      I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  3. Market value by opencity · · Score: 1

    Does this imply the memory chips are being sold at an inflated rate?
    Price supports for memory chips in Korea?

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
    1. Re:Market value by SCVirus · · Score: 0

      I suppose that makes sense when your in an environment of products retailing $100 being maanufactured for pennys.

    2. Re:Market value by Anonymous Coward · · Score: 0

      it takes billions investment to build the foundry and the team and millions to run foundry each day.

    3. Re:Market value by Tezkah · · Score: 2, Funny

      Price supports for memory chips in Korea?

      In Korea, only old people understand your comment!

    4. Re:Market value by gl4ss · · Score: 2, Informative

      it wouldn't be unheard of if they were actually dumping it on apple at or below production cost for the moment.

      why? to ensure that they get at least something and that they get a huge cut of the market while still being able to run the factories while losing the least amount of money(what's the point in running a factory like that? to keep it in business so you can reap the rewards later when competition is less fierce and product cheaper to make, same thing happening with flat panels now).

      of course this would make it hard for competitors who have to pay full price + profit margin for the memory chips because they can't buy so much that they can ensure the factorys existance alone.

      now this might or might not violate competion laws in korea. usually flooding the market with loss doing products to get others out from the market is illegal, though it might be unsure if this is that kind of a thing even.

      --
      world was created 5 seconds before this post as it is.
  4. Bulk purchases? by lightyear4 · · Score: 5, Insightful

    Don't most - indeed, if not all - electronics suppliers give substantial volume discounts? I'd say buying up 40% of stock would qualify for a discount. IANAL, but I don't see why that is an issue.

    1. Re:Bulk purchases? by sam_paris · · Score: 4, Insightful

      Yeah it seems that apple is the only MP3 player manufacturer that is buying in such large quantities. Thus it makes sense that they should get the biggest discounts.

      I get the feeling that this is simply due to all the other MP3 makers shouting "unfair" and putting pressure on the government to carry out this investigation. And this is basically due to sour grapes as every other company that makes MP3 players is wishing they were Apple or at least had as good products as Apple does.

    2. Re:Bulk purchases? by bwalling · · Score: 1

      IANAL, but I don't see why that is an issue.

      More importantly, YANAKL (you are not a Korean lawyer). This is happening in Korea, and if you're like me, you don't know anything about Korean law at all.

    3. Re:Bulk purchases? by Stian+Engen · · Score: 1

      Volume discounts are OK because the producer still sells the product for more than the cost of producing it. Big sells often results in less fluctuation in factory output, and thus leads to lower production costs (less overtime work, more efficient machinery) The problem is when producers "dump" (sells with losses over time) their products on the market to strangle competitors.

  5. New layer? by ceeam · · Score: 3, Insightful

    I may be stupid, but how does it "add a new layer"? If Apple is to buy a very substantial amount of Samsung flash chips (40%?) then what's in it for Samsung to sell it at "below-market prices"?

    Also - WTF is "below-market prices"? I believe that does not mean that Samsung is gonna sell it at below the cost to produce, no?

    1. Re:New layer? by FidelCatsro · · Score: 2, Funny

      I actually thought it said "Adds a new Lawyer" , Which would of worked well

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    2. Re:New layer? by Anonymous Coward · · Score: 0

      If Apple is to buy a very substantial amount of Samsung flash chips (40%?) then what's in it for Samsung to sell it at "below-market prices"?

      Volume, baby!

  6. well the analysts by shrewd · · Score: 4, Informative

    have gotten at leas one thing wrong

    "Analysts also speculate the computer maker got a significant discount from Samsung in order to hit the Nano's $199 and $249 prices"

    the $199 model uses flash chips from toshiba (2* 1gb) whereas the $249 model uses flash from samsung (2* 2gb)

    1. Re:well the analysts by Anonymous Coward · · Score: 0

      the $199 model uses flash chips from toshiba (2* 1gb) whereas the $249 model uses flash from samsung (2* 2gb)

      there's a mixture of both toshiba and samsung.. some are using 1*4gb samsung as well, so I assume there's also 2*1gb samsung and 2*2gb toshiba.

  7. Not the First Anti-competiveness from Apple by Cyberllama · · Score: 1, Interesting

    When the ipod first came out they used their buying clout/muscle to ensure they were the only ones able to buy Hitachi's supply of 1.8 inch hard drives. Sure there were other companies that could have made products to compete with the ipod. There's a reason Apple was the only one to put out a small/sleek player when everyone else was still putting out clunky nightmares and its not becuase Apple is the only company to employ competent engineers -- no one else simply had access to Hitachi's hard drives to make it possible.

    Legal? Probably, I am not a laywer. Dirty? Hell yeah. That's business. What baffles me is that some of you out there seem to think that Apple is somehow above the fray. That while every other large coorperation will lie, cheat, and steal to get ahead -- Apple is somehow different.

    I'm sure I will get moderated down by some of the rabid Apple fanboys out there, but the fact of the matter is that Apple is NOT different. They make some lovely products, but at the end of the day they run their business just like everyone else. If Mac OS had become the dominant platform back in the day instead of Windows, you'd all be talking about Microsoft's superior engineering and decrying Apples anti-competetive tactics.

    1. Re:Not the First Anti-competiveness from Apple by cthellis · · Score: 5, Insightful

      If Mac OS had become the dominant platform back in the day instead of Windows, you'd all be talking about Microsoft's superior engineering and decrying Apples anti-competetive tactics.

      You got that right. ;-) But I wouldn't put too much behind a statement like "There's a reason Apple was the only one to put out a small/sleek player when everyone else was still putting out clunky nightmares"... The original iPods still looked, felt, and functioned much better than the competition, and after those 1.8" drives hit wider availability said competition STILL hadn't whipped up anything much that's par, let alone a few swings under.

      Those talking about Apple's superior engineering and aesthetics still have quite the point. ;-)

    2. Re:Not the First Anti-competiveness from Apple by Forbman · · Score: 4, Insightful

      Dirty? About as dirty as any restaurant that only sells Coke or Pepsi products.

      Apple got Hitachi to sole-source the HDs it used in the iPod. Big woop. Not necessarily dirty. Others had their chances at a slice of the 1.8" drive, too.

      And Apple agreed to buy a big-ass load of NAND chips for the Nano to very favorable terms. Again, big woop.

      If you are selling a commodity product, and someone comes along and says, "Hey, I'll buy all of your production for the next 18 months," and you still make money on it, you tend to bite on it.

      Since we don't know what pricing level the KTC is looking into, it could be that Apple just committed to a magnitude larger memory buy than other buyers had done up until that point. Instead of selling several lots of 1 million SKUs, maybe, at varying price points over time, Apple says, "Hey, we'll buy 10 million SKUs over the next year at $5.00/10000 (when "the market price" tends to be $5.5/1000, or whatever) with half of the total up-front, and the rest delivered monthly upon delivery...", which is guaranteed money for Samsung (and pissing off AMD, Intel, Xylinx et al).

      Again, not a big deal.

      Want to buy a couple of animals from a farmer, but it'll take a week or two? OK. But if someone comes along and offers to buy everything he has for sale a couple of days after you talk to him, too bad!

    3. Re:Not the First Anti-competiveness from Apple by diamondsw · · Score: 3, Informative

      Nevermind the Toshiba (not IBM/Hitachi) 1.8-inch hard drives had existed for quite some time before Apple made the iPod. Hell, IBM/Hitachi's Microdrive (later used in the Mini) had been out for years. No one else saw their potential, so prior to the iPod the best you could get was a Nomad, which used 2.5-inch hard drives. After all, capacity was everything, right? Apple took a huge risk on a completely new and unproven product and bought their remaining stock. What is "anti-competitive" here?

      As for your last paragraph, Microsoft's "superior engineering"? Nevermind that Apple's entire history back to the Apple II (and the Wozniak-designed controllers) has been about superior engineering, and Microsoft's has always been about purchasing/licensing/controlling other software and making it "good enough", all the way back to Microsoft BASIC.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    4. Re:Not the First Anti-competiveness from Apple by Swift2001 · · Score: 2, Insightful

      They're a monopolist with a 3-5% market share? It may come as a surprise to you, but a company in that position cannot be a monopolist. Legally. Unfair trade practices? Yes, that could be. If Samsung sold below cost to sink a competitor? Unfair. Dumping, or something like that. If Apple somehow dictated the price to Samsung, that might be wrong. If Apple, say, threatened Samsung with being excluded from future iPods, that could be wrong. None of which is, as lawyers say, "in evidence" here. As for Apple being "just the same," well, it may come as a surprise to you, but Apple is a corporation, not an order of monks. Without profitable computers and software, they're gone. So, yeah, the computer business is very tough. But I can just tell, you mean, "Microsoft isn't so bad, Apple is just the same," and there you're wrong. Learn what monopoly is. See why the courts found it guilty of being a monopoly, and suggested its breakup into three parts, I believe. Then see if you can still say, "Apple is just like Microsoft." Genghis Khan isn't just like Microsoft. Both Stalin and Roosevelt were on the left -- was FDR just the same as Joe Stalin? Just a small contemporary example: the MSNBC channel and website. I can, on my Mac, watch CBS, ABC, AP, BBC, CNN -- all kinds of web-based video. The only one I can't watch? MSNBC. I have the Mac version of WMP. I have Flash, javascript, all kinds of stuff. But somehow, the geniuses at MS put up a a notice that their video is "incompatible with my OS." That's monopolistic behavior. By the way, the latest reorg by MS seems suspiciously like a mammoth company preparing bite-sized bits to... split up and sell. So maybe Judge Jackson was on to something.

    5. Re:Not the First Anti-competiveness from Apple by cthellis · · Score: 2, Insightful

      As for your last paragraph, Microsoft's "superior engineering"?

      I do believe he's just making wry commentary on the likelihood of their positions swapping in ALL cases. And there's certainly something to be said for that, as an unchallengable market leader tends to stagnate while the up-and-coming try to compete on whatever grounds they can.

    6. Re:Not the First Anti-competiveness from Apple by m50d · · Score: 1, Flamebait
      As for Apple being "just the same," well, it may come as a surprise to you, but Apple is a corporation, not an order of monks. Without profitable computers and software, they're gone. So, yeah, the computer business is very tough.

      You wouldn't know it from the way people here talk about them. Apple gets so much rabid adulation it's not even funny.

      --
      I am trolling
    7. Re:Not the First Anti-competiveness from Apple by jcr · · Score: 4, Informative

      Dirty? Hell yeah.

      Hell, no. Apple made a deal to buy all the drives they could make. They placed a big enough order that Toshiba brought up a second factory just for those drives. Nobody put a gun to Toshiba's head, and if someone else wanted to buy those drives, so what? Every deal has two sides, and if Toshiba would rather deal with a single customer for the first year (or more), that's their prerogative.

      That while every other large coorperation will lie, cheat, and steal to get ahead -- Apple is somehow different.

      Show me an example of Apple lying, cheating or stealing, cause this isn't it.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    8. Re:Not the First Anti-competiveness from Apple by Mistshadow2k4 · · Score: 1

      They have a 3-5% share of the desktop computer market NOW. But before MS came along? They were making the only desktop computers back then. And wasn't it recently proven that OSX will run on a unix-type computer but they had deliberating programmed it not to? I don't have a link now but the news isn't even 3 weeks old, google it. So doesn't that seem like they were trying to establish a sort of OS and hardware monopoly back in those days? God knows they felt they could charge whatever they wanted as the only desktop computer system around. Unfortunately for the world, they're still pursuing that tactic by making out their OS will only run on their hardware. They were price gouging then and they still are.

      Yes, Apple makes a great OS - or so people tell me, as I'm too poor to have used one since DOS was new. But if Microsoft hadn't come along, Apple would be Microsoft. And just because they do tend to be more honest than MS, one shouldn't assume they would still be so if they had that kind of power. Don't get me wrong, I think MS is one of the most dishonest companies ever and they make a crappy OS, but if there had never been Windows, Apple would probably still be the only makers of desktop computers and only the rich would be using them, just as it was when I was a kid. Linux might still be around, but that would set it back several years simply because desktop computers would be less common. Solaris would most likely be servers only, not desktop. Hell, there might not even be a Slashdot; not enough nerds would have computers at all. I know I wouldn't. And that is what Apple did try to do, but they simply failed.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    9. Re:Not the First Anti-competiveness from Apple by Lars+T. · · Score: 1
      Apple gets so much rabid adulation it's not even funny.

      As opposed to rabid, baseless hate? Yeah, you Apple haters sure are a humorless bunch.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    10. Re:Not the First Anti-competiveness from Apple by Lars+T. · · Score: 1
      But before MS came along? They were making the only desktop computers back then.

      Suuure.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    11. Re:Not the First Anti-competiveness from Apple by Cyberllama · · Score: 4, Insightful

      First of all, I was incorrect. It was toshiba. It wasn't until hitachi started making 1.8 drives that someone was ABLE To compete with apple. My appologies for that mix up.

      Second of all, my point isn't that this was some awful thing that Apple did. This is how business is played. It's not nice and friendly, its down and dirty, and Apple plays the same game as everyone else.

      If Microsoft had used their clout to buy up all of Toshibas drive to make a slim mp3 player that took the market by storm, and companies like Apple were uanble to get any 1.8 drives to make players with your collective outrage would know no bounds. You would bitch and moan to no end that Microsoft was not playing fair. While I fully expected my original post to be unfairly moderated down (my karma can take the hit), it surprises me that so many of you could be so hypocritical.

      I don't take issue, really, with how Apple condudcts itself, simply with the ultra-unrealistic impression that many of you seem to have about it. Apple is not some peace-loving commune where flower children lovingly hand-craft gadgets for your enjoyment. It's a business and it's run just like every other business.

      Everytime they're accused of breaking the rules (as businesses will often do), there's a torrent of people anxious to rush to Apple's defense to tell us why it was "totally ok" for Apple to cheat. It's not ok for ANYONE, no matter how sexy their latest toy may be, to cheat wether it's Microsoft, Apple, or anyone else.

    12. Re:Not the First Anti-competiveness from Apple by blackest_k · · Score: 2, Interesting

      I take it you don't know that coke and pepsi supply fridges to cafes ect. The deal is we give you a fridge and you don't put our competitors products in it.

      it's like the myth of a pub being a free house in the uk. yes the brewery doesn't own the pub but quite often they do help finance a mortgage to allow the owner to buy the pub usually with a proviso that so much beer is bought from the brewery.

      these are cases which are supplier controlled.

      on the otherhand supermarkets usually control the deal they get from farmers and packhouses.

      how many suppliers do you think are told to produce x for a supermarket produce it and then get told actually we don't want so much. the production is done and often its a case of unload the truck and either rework it or dump it. rework means relabel so your best by date was the 17th that product now gets packaged in best by the 18th.

      who's master in this deal hitachi or appple i dont know but if hitachi can't supply much more than apple require without building more lines. then apple will get the production. commonsense really especially if the other customer is trying to compete with apple.

    13. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0
      Exactly. It floors me that anyone would think an act of voluntary association could be considered lying, cheating, or stealing. Have we entered some parallel universe where the basic principles of human interaction are null?

      If we can't define lying, cheating, and stealing by the principle of voluntary association (as exact opposites, i.e. involuntary association), then how in the hell can they be defined?

    14. Re:Not the First Anti-competiveness from Apple by jcr · · Score: 0

      your collective outrage would know no bounds.

      Not being a collective, the only outrage I have ever experienced has been individual outrage.

      You would bitch and moan to no end that Microsoft was not playing fair.

      Don't try to tell me what I would do in a hypothetical situation. I bash MS when they commit crimes, not when they merely pursue legal business strategies.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    15. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      Bravo. But NONE of this applies to the current situation. You still have not addressed the original reply's point. What did Apple do wrong HERE. They did not cheat or lie or anything so your rant is total moot for this situation. The next time you feel like going off about how people defend Apple's actions, you might might to pick a case where it is apropos... if you can.

    16. Re:Not the First Anti-competiveness from Apple by lmlloyd · · Score: 2, Interesting

      So the iPod only has a 3-5% market share? Funny, I thought it was more successful than that.

      You know, at the time they were ruled as a monopoly, Microsoft only had 3-5% of the PDA market, so how could they be a monopoly? For that matter, IBM has always had a 0% share of the home video game console market, yet they operated under an anti-trust decree for many years. I wonder why that is? Oh, right, because a monopoly is decided on a per-market basis! It may come as a surprise to you, but I think that a company with over 90% of the DAP market, just might be in contention for investigation as a monopoly in the DAP market, regardless of their dismal performance in the desktop OS market.

      By the way, I love how on /. Apple is an unstoppable juggernaught, constantly gaining desktop market share, right up until it is convenient for the current argument for them to be the beleaguered underdog, at which point their market share drops to the very low single digits.

    17. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      Well if history serves me correctly, Apple and M$ both STOLE the "windowed" environment and mouse from Xerox...

    18. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      Show me an example of Apple lying, cheating or stealing, cause this isn't it.

      How about Apple and the Unix debacle, where Apple almost call OS X a Unix, but only almost since they can't as it isn't certified (or within specs).
      How about the cracking in the g4 cube, what was they called it? Molding lines? Yeah sure.
      How about the subpar quality of the iPod nano. like scratches do you? apple denies.
      How abuot Apple suing MS because they think tey invented the GUI.
      How about Apples inability do share code with khtml developers (After much and much of preasure I think this has been fixed now).

      And I'm not even very familiar with Apple, but clearly they have there share of skeletons in the closet.

    19. Re:Not the First Anti-competiveness from Apple by m50d · · Score: 1

      I don't hate them, or if I do a bit it's only because of their fans. Why would you see them any differently than, say, HP? I don't buy their products myself, they're not value for money for what I want, but if I did I wouldn't particularly love or hate them. I don't see why they have this holy status among their fans.

      --
      I am trolling
    20. Re:Not the First Anti-competiveness from Apple by KarmaMB84 · · Score: 1

      If you haven't patented something and you show it to people, how can those people possibly steal it when you've given it to them?

    21. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      still looked, felt, and functioned much better than the competition
      If you can describe your iPod like you would your own penis, you are a fanboi.

    22. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      How could you be stealing if you've paid for it.

      apple did pay Xerox in stock for using the GUI concept.

    23. Re:Not the First Anti-competiveness from Apple by starseeker · · Score: 0, Flamebait

      Microsoft is a monopoly, Apple isn't. Pure and simple. There are different sets of rules for a monopoly, and for good reason.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    24. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      I don't know about the original poster, but that's definitely not how I'd describe my penis. More like pathetic, underperforming, and disappointing.

    25. Re:Not the First Anti-competiveness from Apple by swiftstream · · Score: 1

      Worse than that, when I lived in Vienna, Austria, McDonalds had some kind of exclusive agreement with the government (national or local, I don't know) that no other American fast food chains could operate there.

      It did eventually change, but McDonalds got more than a little bit of a head start on their competition.

      --
      Be a PATRIOT--because the only thing we have to fear is the lack thereof.
    26. Re:Not the First Anti-competiveness from Apple by Anonymous Coward · · Score: 0

      Dad?

    27. Re:Not the First Anti-competiveness from Apple by jcr · · Score: 1

      Guess again. Apple licensed Xerox's work, and Xerox was a pre-IPO investor in Apple.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    28. Re:Not the First Anti-competiveness from Apple by Mistshadow2k4 · · Score: 1

      They were the only ones who were that anyone I knew had heard of when I was a kid, unless you're referring to Unix. Unix was servers. Do you have a link that describes any other desktop computers there were in the early 70s?

      On the other hand, don't bother. That proves my point nicely - they had a monopoly on desktop computers back then just like MS does today because to this day, how many people know there were other computers then besides Mac and Unix?

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    29. Re:Not the First Anti-competiveness from Apple by Lars+T. · · Score: 1

      Well, zero is 100% of nothing, so I guess they had a monopoly in the early 70s.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  8. A new study reports the Korean FTC by hobotron · · Score: 3, Funny


    Is just as out of touch and unlikeable as the other FTC

    --
    There is truth in humor.
    1. Re:A new study reports the Korean FTC by m50d · · Score: 1

      In Korea, only old people like the FTC!

      --
      I am trolling
  9. How is this Apple's foul? by JoeGrind · · Score: 4, Interesting

    Can someone explain to me how this is reflects badly upon Apple? I'm asking sincerely. When I go shopping I look to find the cheapest price. Seems as if Apple was just doing the same. If they can negotiate a better rate from Samsung, I'd consider it foolish not to. It more sounds as if Samsung might have broken some Korean law, no?

  10. What's the problem? by Swift2001 · · Score: 3, Insightful

    Aside from Apple's competitors complaining, where exactly is the monopoly behavior, or the unfair business practice? I'm no expert on Korean antitrust law -- I know zero -- but if it's like our monopoly law, then nothing wrong happened. A successful maker of mp3 players went to the maker of a new kind of memory -- or at least, very good memory -- and asked for a huge purchase. Samsung sold it at a discount, by which I infer there were competitors to whom Apple could also have gone, and they wanted the big sale. Samsung will make more of this memory, and I imagine the other 60% of the stock is also for sale to the other companies. So, what's the monopolistic practice? MS was nabbed because they told computer makers, install our OS and you must also take IE and keep Netscape, etc., off of your computers, or we will stop giving you a price break on Windows. This is using market power to compel another company to exclude your competitor. Apple buys a heck of a lot of memory and will no doubt be back for more, because the nano is selling like, er, nanos. Did they say, "And don't you dare sell any to Creative?" Another instance of possible monopolistic practice is what AMD alleges: that Intel forces Dell and other makers to sell only Intel-based computers, or lose their discount. See? Less competition. Unfair practices. But unless there's some secret coercion involved, and it's not obvious here, then Apple and Samsung have just committed capitalism. The company at the top of sales bought up a sizable number of chips. They had the money to plunk down, and the maker of the chips said, here, thank you. Competitors are upset, I suspect, because they can't keep up with the big dog. Boo-hoo.

    1. Re:What's the problem? by lmlloyd · · Score: 1

      Well, I am not investigating the case, nor do I have any special knowledge about it. Of course by the sound of your post neither do you. I would, however, like to point out a possible scenario where there could be legitimate anti-trust concerns from the point of the South Korean government.

      South Korea just happens to be the place where the iPod has the smallest share of the DAP market, mainly because so many of the competing products are made there. Now imagine a meeting between several people at Apple where the idea came about to buy up as much as they possibly could of the available flash memory in the nation of South Korea, thus driving up the price due to limited availability. This would most likely force South Korean manufactures to buy memory from Malaysian, Taiwanese, Chinese, or Japanese manufactures, where they would not get as good a price, and give Apple a market edge in South Korea, where they had previously had none.

      Now, this is an entirely hypothetical proposition, and might not have anything at all to do with what has happened. However, this is exactly what several Japanese companies tried to do in the '80s with US steel, to give Japanese cars an edge in the US market, and the US government stepped in to stop it. This is also what some Saudi Arabian companies tried to do with Texas oil in the '70s, and the US government stepped in. This sort of tactic is also EXACTLY why in this country we have special protections for small farmers, so that they can not be put out of business by large aribusiness who has the power and financial muscle to over-buy supplies at prices that make it impossible for the little guy to stay in business. Does this practice constitute an "unfair business practice" or just "good capitalism?" I suppose that would depend on the government and market in question. All I know for sure, is that faced with similar threats to US businesses by foreign competitors, our government stepped in and protected domestic companies as best they could. Why shouldn't the South Korean government be allowed to do the same?

    2. Re:What's the problem? by MyDixieWrecked · · Score: 1

      MS was nabbed because they told computer makers, install our OS and you must also take IE and keep Netscape, etc., off of your computers, or we will stop giving you a price break on Windows.

      that's actually not the worst part of it... that's just the most widely known and understood complaint in the antitrust suits...

      MS also forbid computer manufacturers from bundling or selling another OS as an alternative, or even in addition to windows. The fucked up part of that, was that in the contract that allowed Dell, compaq, etc to sell windows on their computers, they were forbidded to discuss that part because it was protected by trade secret law.

      BeOS suffered the worst from that whole issue (I know one or two computer makers wanted to sell new machines with BeOS pre-installed, but were not allowed to), and linux took a little bit of a hit, too.

      Some manufactureres were allowed to sell alternative OSs, but not desktop OSs, so that's why some still were able to sell high-end linux servers.

      --



      ...spike
      Ewwwwww, coconut...
  11. Huh? Selling below market rates is a crime? by Anonymous Coward · · Score: 0

    Who cares what rate you sell at, just as long as you don't sell at a loss. At least that's what I thought was how you made profits: lower prices than your competitor. Or have we entered the world of Atlas Shrugged, where one cannot compete on quality or price?

  12. Probably more to this story by Anonymous Coward · · Score: 0

    Funny how something paraphrased can become watered down..

    Nothing will happen anyway. No country is going to be stepping on a big company like Apple. They will bend over backwards to Apple's patronage.

  13. Toshiba... by YesIAmAScript · · Score: 4, Informative

    It's Toshiba, not Hitachi.

    Apple has never used Hitachi 1.8" drives in iPods. Rio did, in the Karma.

    And there were no other drives available because Apple was buying them as fast as they could be made. That's the only reason. The drives were available before the iPod came out (in 2.5 and 5 gig configurations), so anyone could have got them. And anyone perhaps could have gone for an exclusive. But they didn't, Apple did. Toshiba could have made an mp3 player of their before Apple made the iPod (they made one later instead).

    You're off your rocker. Even if Apple is the only one who could get these drives, that's not even Apple's fault. Any company would like an exclusive. It's Toshiba's fault for granting them one.

    Apple innovated a lot with the iPod. A company that was there before Apple like Creative or Archos could have made a device with the 1.8" drive before the iPod even came out. They didn't. That's the Apple difference.

    Anyway, I thought this horse got beat to death when Apple killed Mac clones. Is there really anything left to be said about Apple's willingness to compete as a commodity after that?

    --
    http://lkml.org/lkml/2005/8/20/95
  14. It's all in the eyes... by ImaNihilist · · Score: 1, Funny

    Remember, everything looks different in the eyes of a Korean. Literally. They see everything in 16:9, as opposed to 4:3.

  15. It's the market economics for you by melted · · Score: 2, Informative

    It's the market economics for you, as simple as that. SJ probably called up Samsung and said, OK folks, I'm ready to buy a shitload of 2GB chips, and I do mean A SHITLOAD (ten million), what's the price you can offer to me so that I don't go to Toshiba. And they made an offer SJ could not refuse.

    Now imagine Cowon audio (BTW, what's up with their company name? "Cowon"? Hello?) calls up and says, we're ready to buy ten thousand chips. Of course there will be a different price than for ten million chips! And it of course will be a lot higher, because 10K chips is like a single batch, whereas 10M chips is two years of non-stop production.

  16. And, what's the problem about this? by Ulrich+Hobelmann · · Score: 3, Insightful

    Samsung sold lots of chips to Apple. If it was price-dumping, they lost lots of money.

    Nobody else was willing to sell chips at that cut-throat price, so nobody else should care.

    Lots of people bought an iPod for a good price. They are happy now.

    If any company should in the future sell chips for another price, where's the problem? It's not that the sale by Samsung will forever result in Samsung having a monopoly or anything. Seriously, maybe they even LOST money...

  17. "below market prices" by YesIAmAScript · · Score: 5, Insightful

    Not below cost, "below market prices"?

    If selling below market prices is illegal, how do market prices ever fall?

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:"below market prices" by Anonymous Coward · · Score: 0

      ...They need approval from government.

      Whoops, looks like we're not talking about free trade anymore. In a free society, obviously, no man is prohibited from selling "below market prices", just as no man is prohibited from selling "above market prices". Likewise, no free man is prohibited from buying "below market prices" or buying "above market prices".

      How in the hell do we think market prices are determined in the first place? By picking a number out of a hat and sticking with it until the end of time?

    2. Re:"below market prices" by sofakingon · · Score: 1

      I live in Korea.
      The Electronics Market here is the biggest in the world.
      The prices are all fixed.
      There will be 10 stores right next to each other, all selling the same brand of the same item.
      Not a single one will be 1 Won less (1/10th of a cent).
      Hell, the price for any specfic electronic item at any store is the same ALL THROUGOUT THE COUNTRY.
      Some of them might be more, or may quote me a higher price, as I am a foreigner, BUT will NEVER be lower than the set price.
      How does competition work here? Who knows! It's probably the reason why having a business for over 6 months without going under is a major accomplishment. It's really funny when you see someone putting up a new sign and it says, "Since 2004."

    3. Re:"below market prices" by klang · · Score: 1

      Amazing!

      Do the shop owners expect to haggle about the price?

      "No! No!" exclaimed the merchant. "You'd be crazy to pay that much! You have to haggle! You see, here's how it works. (Whispering:) I state a ridiculous price and you say 'no way' and offer me, let's say 2 dinars, and then....." Red grew impatient as the haggling lesson continued for another minute or so.

    4. Re:"below market prices" by sofakingon · · Score: 1

      You can haggle with street vendors- I usually get great deals on clothing that way. No haggling on electronics. Period. Appliances, maybe, but electronics, NO WAY! Thant being said, you can get cables here real cheap- like $2 for an optical SPDIF cable and $.20c for a 1/4" to 1/8" headphone adapter. I hooked up my entire home theater, projector, 6.1 surround sound, DVD, satellite, and VCR for like $60. I think electronics price fixing is much the same all over Asia. Souveniers, clothes, jewellery, etc. can all be had at a great price, expecially if you haggle right; but electronics are all set at a fixed, non-negotiable price. And the only time anything goes on sale is if it is a producer's promotion (I.E. iRiver comes out with a new portable mpeg4 player and has a, you gessed it, fixed sale price. Everywhere.) I think store owners don't understand the "S" in MSRP. You have no idea how hard it is to find the 1 block that has the 10 shops that all carry the 1 thing you need in a city of 20 million people. ESPECIIALY with hardware (the construction type). I MISS HOME DEPOT!

    5. Re:"below market prices" by klang · · Score: 1

      So, only the charming personality of the vendor will keep people from buying at the next store! wow, that's hard business! On the other hand, it's easy to be a customer, you only need to check one store .. IF you can find it :-)
      Take care

  18. the 4G Nano is amazingly cheap by idlake · · Score: 1

    I was actually wondering about this. If you look around, you'll find that the 4G Nano is amazingly cheap--cheaper than 2G flash players from manufacturers that are usually much cheaper than Apple.

    However, Apple may have been able to get such a discount legitimately: usually, the price of chips like this falls because manufacturers need to recover their initial costs; if Apple's contract lets them do that through a sufficiently large initial volume, it may have made sense for them to go for it.

    Still, if Apple gets conditions that are much better than those for other manufacturers, that is a concern. If Apple manages to grab a big chunk of the production of high capacity flash chips at a low price, then it may be hard for other manufacturers to stay in the market. You may like iPods a lot, but it would still be good to have competition. Some of the other manufacturers of flash players offer better battery life, real-time MP3 recording, MPEG4 playback, and many other features that Apple just doesn't have in the Nano.

    1. Re:the 4G Nano is amazingly cheap by Anonymous Coward · · Score: 0

      You said,

      "Still, if Apple gets conditions that are much better than those for other manufacturers, that is a concern. If Apple manages to grab a big chunk of the production of high capacity flash chips at a low price, then it may be hard for other manufacturers to stay in the market. You may like iPods a lot, but it would still be good to have competition. Some of the other manufacturers of flash players offer better battery life, real-time MP3 recording, MPEG4 playback, and many other features that Apple just doesn't have in the Nano."

      Competition is only competition when someone succeeds over another. If you force or maintain a diverse playing field competition doesn't exist -- which appears to me from your comments to be an implicit proposal. The only problem that could exist with Apple beating out the compitetion is if they subverted the "free" in the market to accomplish their goal.

  19. Cost Of Materials by putko · · Score: 2, Interesting

    When you buy enough of the chips, you are essentially paying for the raw materials only, plus whatever wear and tear you've got on the factory. This is because another way to get the same thing would be to rent a factory for the time period, buy the raw materials, and run the equipment to produce the finished goods. If the price asked for diverges much from the alternative, you'd take the alternative -- e.g. you'd see Apple renting a factory for a few years, and renting staff and IP in order to produce the goods.

    However, I can't for the life of me figure out why the Korean FTC would have a problem with Samsung. I have to figure that Samsung peeved someone in the Korean govt. (or US govt.) and someone with a political beef with Samsung is making up some ridiculous charges. Because it boggles the mind why Samsung would do something so awful for business like selling crap below market.

    The only scenario like this that I can see is that having a guarantee of massive volume from Apple allowed Samsung to invest even more heavily into their production, putting them ahead of their competitors. So they figured, "even if we lose a bit on Apple, we'll get our costs per item lower so we'll survive the coming price war."

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  20. Obligatory ref. by ins0m · · Score: 1

    In Korea, only old people use discounted iPods!

    --
    Never attribute to Hanlon that which can be adequately attributed to Heinlein.
  21. Forget it... by outz · · Score: 0

    Kim Jong-il changed his mind.

    --
    What was your username again? -BOFH
  22. Dumping vs. "selling under market price" by Pius+II. · · Score: 2, Insightful
    Dumping is illegal. IMHO, rightly so, because it can easily be used as a means for a well-funded operation to stifle their competition.
    "Selling under market price" OTOH is what the free market is all about: if Samsung can produce more cheaply, they should be allowed to sell for less, too. It wouldn't be their fault if their competitors where too expensive.

    The thing here is, these articles about Samsungs competitors' complaining have been going round almost since the launch of the Nano. And never did they contain anything about "dumping", only about "Samsung selling at too low prices for us". This sounds like they
    a) sold their flash drives etc. at inflated prices and
    b) are now asking for help to continue doing that.
    If that's the case, I cannot find any sympathy for them.

    1. Re:Dumping vs. "selling under market price" by gl4ss · · Score: 1

      that kind of depends on if they're selling at inflated prices or if they're selling already at very low margin and thus know that either apple or samsung is taking a beating in the price to get the market. like if they got a quote for the price from samsung(and other manufacturers) for the 4g chips and it was more than what 4gb nano is selling at..

      samsung is a very large corp and could easily do that kind of thing if it wanted.

      --
      world was created 5 seconds before this post as it is.
    2. Re:Dumping vs. "selling under market price" by CharlesClarkson · · Score: 1
      Dumping is illegal. IMHO, rightly so, because it can easily be used as a means for a well-funded operation to stifle their competition. "Selling under market price" OTOH is what the free market is all about: . . .

      We cannot make dumping illegal and still have free markets. Free markets must allow dumping to remain free. Dumping depends on limited markets to survive.

      Consumers rarely shop for price alone. Savvy consumers are rarely fooled by gimmicks (like dumping, loss leaders, etc.). Free markets tend to contain more savvy consumers than bound or limited markets do. Dumping depends on markets where consumers are not savvy enough to see why dumping is bad.

      By limiting a market you tend to make your consumers more dependent on laws and less on their own abilities, thus decreasing savvy cusumers and increasing the effectiveness of dumping. By freeing the market, you tend to get more savvy consumers, lowering the success of gimmick offers.

      So Dumping should be legal.

      --

      Charles K. Clarkson
      Many people truly want to help. Unfortunately, many people truly suck at it.
  23. There are good reasons for this by CdBee · · Score: 1, Insightful

    How would you feel if you were an IT technician, and a big corporation started supplying IT services in your home town for $5 an hour.. then after you were driven into bankruptcy, started raising its prices back to industry norms?

    Firms are required not to subsidise their products as allowing goods to be sold below cost gives the big industry players a chance to bankrupt their competitors: You know, like what Microsoft did to Netscape....

    --
    I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
    1. Re:There are good reasons for this by Fallen_Knight · · Score: 1

      umm thats exactly what he said, production cost == cost != market value.

      selling below cost is not allowed most of the time i would hope
      and selling below market value but above cost is perfectly ok and that is compitition and part of a free market.

    2. Re:There are good reasons for this by hublan · · Score: 1

      How would you feel if you were an IT technician, and a big corporation started supplying IT services in your home town for $5 an hour.. then after you were driven into bankruptcy, started raising its prices back to industry norms?

      Er. This is pretty much how Home Depot operates. They build a super-store with super-low prices, wait until all the neihgbourhood hardware stores have gone under and then raise the prices again. Happened in my area. Pretty pissed off at them since their products are almost uniformly very shoddy.

      --
      My spoon is too big.
    3. Re:There are good reasons for this by Anonymous Coward · · Score: 0

      I doubt that is really true at all. People claim this about Wal-Mart as well. I know lumber/concrete and a few other contruction materials are priced at local market and change daily. This happens at all lumber yards across the country. You'll also find that many lumber yards sell more far more raw contruction materials then Home Depot and Lowes do because contractors and builders buy very large quantities of custom and pre fabbed things and the HD and Lowes sells mainly standard stock materials to consumers. If the specific place you may be refering too got out sold in contruction materials compared to HD, they had prices really far out of whack or they already sucked at selling and people and builders were only going there because they had no choice.
      Construction materials aside. General retail price of other things at HD cost the same as any HD in an entire region. A box of 2.5 inch deck screws cost the same in Pittsburgh as in Northern VA as they do in mid Ohio. Do you think HD is adjusting an entire regions price based on putting Johns supply shop in Small Town, WV out of business and when he does go out of business, raise the price in that entire region? Switching gears here but same with Wal-Mart. I can buy the same battery for my car for $39.99 at any Wal-Mart in the entire US (Hawaii slightly higher). They are not going to change the price country wide when some small battery retailer goes out of business in your town.

    4. Re:There are good reasons for this by yabos · · Score: 1

      Except if you're Microsoft. Then you can loose over a hundred dollars per XBox 360 and not have anything done to you.

    5. Re:There are good reasons for this by Golias · · Score: 1

      They build a super-store with super-low prices, wait until all the neihgbourhood hardware stores have gone under and then raise the prices again. Happened in my area.

      We've got a Home Depot where I live. Prices fluxuate, but generally they are about the same as prices at Menards (sometimes they cost more).

      The low prices is not the result of them selling below cost. As with Wal-Mart, it's the fact that big chains have more buying power to force lower wholesale prices out of suppliers.

      The quality of their stuff is not shoddy at all. They sell most of the big-name power tools, and as for lumber, well... an 8' pine 2x4 is an 8' pine 2x4. Did your favorite little lumber yard, now out of business, have access to some kind of special, magical pine trees which the big chains don't know about?

      Oh, and as for the local mom & pop hardware stores in our area... the good ones are not going anywhere. A lot of stores closed, but not any that will be missed.

      --

      Information wants to be anthropomorphized.

    6. Re:There are good reasons for this by Anonymous Coward · · Score: 0

      "Then you can loose over a hundred dollars"
      Fly - be free! LOLOL!!!11!

      Moron.

    7. Re:There are good reasons for this by bluGill · · Score: 1

      There is a big difference between a 8' pine 2x5 from Home Depot vs the lumberyard. The lumberyard version is straight, and is dry enough that it won't warp after you build the house. (If you go to a good lumber yard) In addition the salesperson knows your voice when you call on your NexTel phone, and knows if you order 1/2 inch plywood that you really mean 7/16th OSB. He also ships it right to your job site so you can get the job done.

      Oh, your are not a contractor building several houses a month? Sorry, you are not worth the lumberyards trouble to serve. Deal with the junk you can buy at Home Depot.

      You are right, no store closed that will be missed. Many that are open have found an niche that isn't served by Home Depot, and give service that Home Depot cannot match.

    8. Re:There are good reasons for this by Criterion · · Score: 1

      "an 8' pine 2x4 is an 8' pine 2x4"

      I'll just take that as a sign of a lack of familiarity with building materials.

      --
      We have enough youth, how about a fountain of SMART?
    9. Re:There are good reasons for this by ball-lightning · · Score: 1

      Korea != the rest of the world.

    10. Re:There are good reasons for this by Golias · · Score: 1

      You sound very hostile, yet you didn't actually say anything I disagree with.

      --

      Information wants to be anthropomorphized.

    11. Re:There are good reasons for this by CharlesClarkson · · Score: 1
      How would you feel if you were an IT technician, and a big corporation started supplying IT services in your home town for $5 an hour.. then after you were driven into bankruptcy, started raising its prices back to industry norms?

      Small operators need to change with the market. That is one advantage of being small. I can quickly adjust to market changes.

      That large firm will have a tougher time doing that. And that's my advantage. They can take care of the major part of the market. I'll go after the people they cannot reach because they are not flexible enough.

      I can do that, not by competing with them, but by constantly withdrawing from competing markets. Let them continue their low price service. When the price goes back and I have weathered the storm, I can breathe a little easier. My smaller competitors, which were not flexible enough, lose out, but so many more people win.

      New competition, even big competition, is good for the consumer. It tends to widen the market and create more niche markets. It drives prices down and it raises quality of life. It strengthens the old market players and weeds out the inefficient ones.
      --

      Charles K. Clarkson
      Many people truly want to help. Unfortunately, many people truly suck at it.
    12. Re:There are good reasons for this by CharlesClarkson · · Score: 1
      selling below cost is not allowed most of the time i would hope and selling below market value but above cost is perfectly ok and that is compitition and part of a free market.

      The free market is free. That means selling below cost is also a part of it. And rightfully so. Sometimes it is better to rid yourself of excess inventory to make room for new stuff and people have been fooled by loss leaders since money was invented.

      Selling below cost can never last very long unless you are making excess profits on another (or companion) products(s). Below cost prices aid the consumer-the people we are in business for. Lower market prices tend to increase quality of life. Generally, more people gain than lose.

      Price is a very important piece of information. When we limit a market price we remove or hide that information from some market participants. If a law limiting price does not also create a method to inform those participants that the price is being supported, then the law chances damaging some market response.

      --

      Charles K. Clarkson
      Many people truly want to help. Unfortunately, many people truly suck at it.
  24. Marginal Cost plus+ by Anonymous Coward · · Score: 0

    A sale defines market price - pure and simple. Buy a shitload, and the marginal cost decreases - a bulk discount - just like Dell gets everyday. As Toshiba is in the equation, they must be neck and neck, price wise, so no issue - go home. Could it be Samsung is just passing on technological savings, rather than pocketing the difference - which is the whole reason why Intel decided to stay out of the cutthroat memory manufacturing game.

  25. Someone's Peeved by Chaset · · Score: 1
    Actually, there may be something to what you wrote. I was reading in the paper (LA times... print edition, so I don't have a link) the other day that a lot of everyday Koreans are getting wary of Samsung because they have obscene amount of power there.

    The typical Korean household wakes up in Samsung furniture, cook breakfast on Samsung appliances, drive to work in Samsung cars (insured by Samsung insurance) to office buildings owned by Samsung, and use Samsung equipment to get work done. They may take vacations at a Samsung theme park and stay at a Samsung Hotel...etc. etc. etc.

    I can see how politicians can be afraid of this situation as well.

    --
    -- "This world is a comedy to those who think, a tragedy to those who feel."
    1. Re:Someone's Peeved by Anonymous Coward · · Score: 0

      Although the parent is overstating the case somewhat, Samsung does have a ridiculous amount of power in the Korean economic/industrial sphere.

      It's certainly no stretch to say that if Samsung went bankrupt, it would cause a huge financial depression in Korea.

  26. Economics 101 by BenjyD · · Score: 3, Insightful

    "...allegations that Samsung sold the memory chips to Apple at below-market rates"

    Doesn't the fact that a company was prepared to sell 10 million chips at that price make that price the "market price" for 10 million chips? How else do you define a market price except as what a seller and a buyer agree on?

    Unless Steve Jobs used a focused Reality Distortion Field or blackmail to get the deal, I don't really see the problem. Unless (shock horror), CNet is misrepresenting the story again.

    1. Re:Economics 101 by bluGill · · Score: 1

      Maybe, maybe not. If Samsung (or whoever) opens their books and shows everyone that because of this deal they can make the chips at a profit, accounting for R&D and the cost of the factory (Remember that this contrat assures that they have so many chips that will be sold, so there is less risk of the chips going obsolete before those are paid for), that is end of story to me. If nobody else can do so at those prices, well too bad for them.

      If Samsung opens the books, and it turns out they are selling for less than their costs, there is a problem, because they can drive their competition out of business, and then raise prices to make a lot of money. This is only a profit though, I don't have a problem with first time customer deals and the like, so long as they are not a monopoly.

      Actually a monopoly is the only concern. So long as other companies are making chips, I don't care what they do to sell more. So the only true gage of concern is AFTER they have become a monopoly, but it is too late then.

  27. Korean christmas, liquid lunch and options. by tabbser · · Score: 3, Interesting

    Perhaps the issue at heart here is not that Apple bought chips at below market levels (Yes, I've seen the Toshiba posts), but perhaps that some Korean company has complained (lobbied the government) that they now are having to buy chips at an increased rate and the christmas goodies are not in jeopardy.

    This seems more likely to me.
    I'm sure apple has bought futures on flash and can ride out any price differential, just like the smart airline companies (should) have done with jet fuel (not American, United, Southwest etc).

    I'd be surprised if apple does not have people that work global analysis of such purchases and buy up options.
    I know I would if I were buying up 40% stock of flash from some companies.

    If it were me (and I'm not a finance person) I'd buy up options on more than I needed and sell those options at many times the face value once the world realized (as we approach christmas) that there is a shortage of flash because "apple" is buying them all. I bet Apple is not only making $199 on your ipod nano purchase, but also a few extra bucks per nano on the futures market just because your ipod is sucking up flash.

    I wish I'd taken finance at school instead of dicking around with a liquid lunch and an irrational particle accelerator.

    1. Re:Korean christmas, liquid lunch and options. by Thrudheim · · Score: 1

      Of course this is what is happening. The idea that it is an "antitrust" violation for a large customer to negotiate a good price with a supplier is absurd. What happened is that the iRiver manufacturer complained that it was unfair and is trying to use the power of its government to intervene in the marketplace on its behalf. They even pulled the nationalism card, saying that Samsung shouldn't be giving such good prices to a non-Korean manufacturer. Samsung, rightly, responded like a corporation that has moved beyond thinking in nationalistic terms. It does not have to give favor to domestic firms over any other firm.

      This is politics. Simple and clear. American firms do this kind of stuff all the time, using "anti-dumping" laws to get trade protection against competitors from China and elsewhere that can supply cheaper products. It just so happens that the anti-dumping laws are one of the few legal avenues that remain to win trade restrictions given our participation in various trade agreements. So, we see lots of anti-dumpting claims.

  28. Anybody remember .... by HerculesMO · · Score: 1

    This story? The article contained within simply points out the fact that it still costs Apple only $90.18 to make the Nano. And I'm going to assume that this price is based on "analysts" cost review at "market" pricing.

    So now for "analysts" to speculate that Samsung sold Apple flash memory at a discount, couldn't they have speculated the converse -- that Apple reduced its profit margins to enter a different market that's held pretty well by iRiver's and other flash MP3 players?

    It makes room for one of two things. That "analysts" are right in both cases, or they are fucking morons. I am leaning to the latter, myself.

    --
    The price is always right if someone else is paying.
  29. Is this news? by PhunkySchtuff · · Score: 2, Insightful

    Article test:
    Korea's top antitrust regulator reportedly said on a local radio show that authorities there may look into whether Apple's purchase of flash memory from Samsung Electronics may have violated any of that country's competition laws.

    According to a report by Yonhap News, Korean Fair Trade Commission (FTC) Chairman Kang Chul-kyu said that his agency could look into allegations that Samsung sold the memory chips to Apple at below-market rates.

    Apple reportedly grabbed a significant share of Samsung's flash capacity in order to introduce its new iPod Nano. Analysts also speculate the computer maker got a significant discount from Samsung in order to hit the Nano's $199 and $249 prices.

    An Apple representative did not immediately have a comment on the report.
    Now, forgive me, but what is newsworthy about this? Not only is it heresy published on a blog, but it's not even saying anything definite.
    I (and I'm not alone here) would hope that Apple got a damn good break on the price for buying the flash in the kinds of quantities that they will need to satisfy demand for the Nano.

  30. The Competition That Lost Filed A Complaint by Junior+Samples · · Score: 1

    My guess is that US based memory maker Micron filed a complaint because they lost the bid. They've done this in the past.

    1. Re:The Competition That Lost Filed A Complaint by Anonymous Coward · · Score: 0

      Why shouldn't they, if they believe there's been a violation of the law? If you're losing money because your competitors are using illegal tactics, wouldn't you file a complaint?

      Regardless, Micron is a minor player in the flash market and likely wasn't getting much of Apple's business to begin with. Hard drive manufacturers would have been the ones getting the business if Samsung hadn't stepped in and made flash price-competitive. Whether that price competitiveness is real or artificial is the question at stake here.

    2. Re:The Competition That Lost Filed A Complaint by Midnight+Thunder · · Score: 1

      Even if Micron was able to provide able with a good price, would they have been have been able to produce NAND chips in the amounts that Apple needed. Apple has been bitten many times by supply issues, because of suppliers not being able to keep up. The three things that are important, IMO are:
          - price
          - yield
          - product evolution, ie what upgrade is the product going to get

      Andre

      --
      Jumpstart the tartan drive.
  31. Wrong monopoly by Anonymous Coward · · Score: 0

    The complaint isn't against Apple. They are allowed have a discount if they want. The potential monopoly is Samsung. Their position within the market is strong enough to start a price war. By cuttings margins (but still covering R&D costs) they can achieve significant economies of scale and price their competitors out of the market for flash. Pretty soon the competitors won't be able to keep up with Samsung and they will cease investing in improving flash to the same extent.

    Apple are guarenteeing Samsung sales and removing investment uncertainty. Means that Samsung don't have to worry as much about oversupply. Neither Apple nor Samsung will get into trouble about this but the publicity is doing them great. Anyone who tries arguing that the nano is pricey is gonna look foolish with Apple supposedly selling TOO CHEAPLY.

    You can't buy that kind of press!

  32. If this is wong... by stienman · · Score: 1


    If buying flash memory at $10/GB is wrong, I don't want to be right!

    Chances are good that it's not Apple that's in trouble with the Korean FTC, it's Samsung. Chances are also good that it's not just this one deal, but this is one deal in many that show Samsung's anticompetitive (as defined by the Korean FTC, keep in mind) practices. And at this point, Apple probably doesn't (and shouldn't) care, other than to make appropiate second sourcing options available to prevent supply line issues. These should already be in place anyway, and perhaps they need to do nothing but wait for the hammer to fall.

    -Adam

  33. two letters make all the difference. by bennomatic · · Score: 1
    This is not a typing, spelling or grammar flame. It is just a post which expresses appreciation at the subtleties of language. This article is not, as you described it, "heresy", which means "belief or opinion contrary to orthodox religious doctrine." It is "hearsay", which is "information received from other people which can not be substantiated."

    Personally, I prefer to think that this whole thing was heresy.

    --
    The CB App. What's your 20?
  34. A little bit more explanation by ihavnoid · · Score: 2, Interesting

    First, you should know that the other companies, such as Cowon (never heard of?) or Iriver (maybe?) doesn't buy something like 10k flashes, they buy MILLIONS of them. Although that's still a lot less than Apple's product, that's still an awful lot of chips. You should know that iPod's market share in Korea is completely disappointing, http://www.cdfreaks.com/news/12253
    and companies like iRiver still sells millions of players every year.

    The Korean manufacturers claim that Samsung never sell flash memory chips directly to them, no matter how many chips they buy. (unlike Apple, which gets flashes directly from Samsung) Adding an additional layer on sales means more cost. Additionally, they claim that Samsung never ever sells 2Gig chips to any Korean mp3 company, no matter how much they pay. Though I don't know much about Korean law, but they claim that it's against the Korean law (Looks like some antitrust/fair trade bill).

    The second problem is that there is a serious flash shortage (probably due to Apple's nano), and many companies (especially smaller ones) claim that they are treated unfairly, compared to the larger corporates.

    What the Korean mp3 companies, plus many other people claims is that Samsung's strategey to sell flash chips with near zero margin, or even with loss, is:

    1) Kill hard disk companies, such as Toshiba or Hitachi, that sold disks to Apple. Note that Samsung also sells hard disks, and pressurizing competitors HARD will definitely be good for Samsung's hard disk business.

    2) Suggest an appealing price to Apple, and lock them to flash-only players,

    3) Kill the local mp3 business, and kill competition in Korea. That will help Samsung's mp3 business (plus, the cellphones with mp3 player capability). After all competition is gone, they can deal with Apple by stop providing flash with huge discounts.

    Although none of these claims are proven to be true yet, it's clear that the Samsung-Apple deal pressurizes both hard disk manufacturers and mp3 player manufactures.

    1. Re:A little bit more explanation by cthellis · · Score: 1

      You should know that iPod's market share in Korea is completely disappointing, and companies like iRiver still sells millions of players every year.

      While the iPod has yet to make a dent, you're still overestimating Korea's MP3 market. In 2002, 400k players sold (14% of worldwide sales), 1.1 million in 2003 (15%), 1.8 million in 2004 (7.5%). A good boost is estimated for 2005 - 3.5 million - but that's still only 7% of the estimated 50 million worldwide sales. The iRiver accounted for 1.1m of those Korean sales in 2004 (61%), but that's a far cry from "millions," and it shows that the Korean MP3 market is still in formative states. If indeed iRiver's market share has dropped to 35% according to your article (which shows that the top three sellers barely breach the market position iRiver alone had in 2004) it shows just how much of a flux the NK market is in. Anyone with a good enough product and solid support could make a good showing.

      More competition? Fickle consumers? Passing fads? ...who knows? There are any number of factors coming into play, I'm sure. But it also shows that if Samsung is really attempting a squeeze play, they're playing a dangerous game. They're not being solidly drubbed themselves, and they're opening the door to a dangerous competitor.

      Personally, I don't think Samsung cares all that much about the korean market. (A desire to pressure Toshiba and Hitachi on the global front is more plausable, however.) It's a nice niche for them, but they're a huge producer of flash memory, and they want in with the biggest player who's going to sell the biggest slice of those ~50m sales this year. Can they get in the nano AND the shuffle AND continue to claim guaranteed sales for every new chip they whip up for as long as the iPod is in the lead? Perhaps they can. That'd certainly be what they want.

      On the initial article's comments, though, I don't really know what they mean by "below market costs." Does the government regulate it THAT strictly? Dumping is one thing, but does anyone imagine for a second that Samsung wants to lose money on tens of millions of chips? Competitive pricing just makes sense, but unless discounts are specifically against korean trade laws... Just who is bringing up what, and why?

    2. Re:A little bit more explanation by Fengpost · · Score: 1

      Here is another theory:

      Get Apple to start buying flash memory first, then have the gov't to investigate to force Samsung to "raise" the price of flash memory!

      Apple could not switch entirely to another vendor because Samgsung has the 60% production capability of the flash memory in the world!

      This is when Samsung makes a killing off Apple. Take that, Steve!

      --
      The purpose of writing is to inflate weak ideas, obscure poor reasoning, and inhibit clarity....Calvin
  35. Just in by Anonymous Coward · · Score: 0

    Your father MAYBE having sex with a goat.

    OMGWTFBBQ !!!!!

  36. All it needs is a new Bulk Purchase category by Nom+du+Keyboard · · Score: 1

    All Samsung needs to do is create a new Bulk Purchase category. When you buy all our chips, you get this price!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  37. And how is this different from ... by Ungrounded+Lightning · · Score: 1

    How would you feel if you were an IT technician, and a big corporation started supplying IT services in your home town for $5 an hour.. then after you were driven into bankruptcy, started raising its prices back to industry norms?

    And how is this different from K-Mart, Walgrens, McDonalds, Taco Bell, Circuit City, Kroger, Ace Hardware, 7-Eleven, Costco, Smart & Final, ... ?

    Been to a little mom-and-pop store lately?

    When was the last time you got your latest home computer from a little guy who assembled it in the backroom of his storefront?

    (I imagine most of the current generation has no idea how retail USED to be before the advent of the branded discount store chains. Or of the anti-chain-store legislation that led to the "membership buying club warelhouse" stores as a workaround.)

    Meanwhile, if the accusation is selling "below market price" rather than "below production cost" they've got a hard road to hoe. For starters they need to show what the "market price" IS for orders that size. How many of them are there? Samsung can defend simply by publishing the same price they gave Apple as "list" for orders at the nearest round number less than what they shipped to Apple. B-) (And you get your place in the allocation list right behind their existing customers.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:And how is this different from ... by bluGill · · Score: 1

      As I recall, those mom and pop stores charged much more, were only open during business hours (when I was at work!), and didn't give good service. We went there because they were the only choice, and put up with the bad service.

      WalMart may not be great, but they are open 24 hours a day, cheap, and they make their help smile and pretend to care.

      There were exceptions to the above. Small stores that gave great service. They are still around though.

  38. Re:Jerkz by Anonymous Coward · · Score: 0

    I know I shouldn't reply to a troll, but on the off chance that anyone's interested, Paul Graham wrote an essay on the unpopularity of nerds.

  39. merger by nigelvthomas · · Score: 1

    they should merge, samsung had the yepp player out well before ipod which was actually more compact. apple is the great packager, while samsung is the woz. do it!

  40. If you want to know why anti-trust laws are bad by duncan+bayne · · Score: 1
    1. Re:If you want to know why anti-trust laws are bad by Swift2001 · · Score: 1

      Nah, that's just why Ayn Rand zombies luv Microsoft, no matter what they do.

    2. Re:If you want to know why anti-trust laws are bad by duncan+bayne · · Score: 1

      Heh. I guess you haven't read my article Microsoft - Undeserving of Libertarian Praise then.

      I guess it's just easier to pigeonhole people :-)

    3. Re:If you want to know why anti-trust laws are bad by Swift2001 · · Score: 1

      So... why did you cite that page. I've had it with irony, you know.

    4. Re:If you want to know why anti-trust laws are bad by duncan+bayne · · Score: 1

      Because I don't agree with anti-trust laws; I think they're immoral, in that they punish companies for their success.

      However, I think Microsoft has played fast & loose with other laws in the past (especially surrounding intellectual property), & appear to have escaped unscathed.

      I think they deserve support against anti-trust laws (as does every company or individual), but they shouldn't be held up as a shining example of capitalism the way many Libertarians & Objectivists do.

  41. Toshiba RAM NOT SAMSUNG Er, yes it is. by MetaPhyzx · · Score: 1

    They might say Toshiba, but that does not mean it isn't Samsung. That's why it's called the Toshiba Samsung Storage Technology Corporation.

    http://www.tsstorage.com/index_e.html

    --
    Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...