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European Carriers Complain To EU About Anti-Competitive Contracts With Apple

whoever57 writes "Several European phone carriers have complained to the EU about the contracts that Apple imposes on them if they want to sell the iPhone. Because the contracts stipulate a minimum purchase, and the Carrier must compensate Apple if they fail to sell through that minimum, it has the effect of forcing the carrier to promote iPhones ahead of alternative phones. The European Commission is monitoring the situation. Apple claims that its 'contracts fully comply with local laws wherever we do business, including the EU.'"

146 comments

  1. stomping by Paolone · · Score: 0

    The EU is sooo going to stomp on Apple's ass.

    1. Re:stomping by Anonymous Coward · · Score: 1

      Why, the carriers have choices, they have not been forced to carry the iPhone, they could have said NO THANKS, however they chose to sign a contract for a product they wanted to sell on their network.

    2. Re:stomping by marcello_dl · · Score: 2, Insightful

      Indeed, anticompetitive should not mean "as a carrier I cannot afford to keep this contract and sell other stuff without bias". It should mean "I am actively prevented to sell alternatives". Else whatever contract between supplier and vendor is anticompetitive by creating an unjust advantage (or, technically, even disadvantage) for the products in the contract.

      If you want a textbook example of anticompetitive behavior look at Secure Boot instead. Not how it's defined but how it is implemented, as in "laptops shipping with no whatsoever instruction, not even on the vendor website, on how to get to a BIOS screen".

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    3. Re:stomping by Anonymous Coward · · Score: 1

      And apparently Android phones make the majority of sales world wide, so Apple certainly does not have a monopoly.

      The could also sell Window phones, lets face it they make them in the EU, or Blackberrys too as well as the Androids

      so competition is not an issue.

      I think the issue is they are complaining that someone is behaving like a carrier and treating them like how they treat their customers
      which is unfair.

    4. Re:stomping by Gabest · · Score: 1

      There is a competition between them, if one does not offer an iphone, what do you think it will happen to them?

    5. Re:stomping by Runaway1956 · · Score: 2

      I disagree. The supplier telling me how many phones I must buy is anti-competitive. "You can't have 40,000 phones, Pal. You'll take 70,000, or nothing. Take it or leave it!" That is complete and utter bullshit. And, it's ANTI-competitive.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    6. Re:stomping by Anonymous Coward · · Score: 0

      You mean just like the carrier telling you exactly how many dollars you must spend on a contract to get a phone, take it or leave it

      Feel free to tell me how you go with any carrier if you try to say "I want no voice, no txt, just 2 Gig of data a month for $30".....

      And you have however answered the issue, the had the choice of "leave it" , and continued to sell Android phone, Blackberry phones, Windows phones, and soon various Linux phones, never mind the "dumb" phones.

      There are dozens of choices.

      Equally of course, Apple is under no obligation to deal with those carriers.

      I suspect that it the REAL issue is the carriers see their power and dominance being eroded, particularly now there is almost a de facto duopoly of Apple/Samsung, that they may end up being just dumb pipes and their being able to push both manufacturers and customers around is coming to an end.

      They now think that it they can kill the iPhone problem it will force all the other phone makers back into their pen where they belong and leave the market to the carriers where they can continue to put on bloatware, never upgrade firmware, charge outrageously for ever service and only budge when there is a threat of regulation.

    7. Re:stomping by Anonymous Coward · · Score: 0

      I disagree. The supplier telling me how many phones I must buy is anti-competitive. "You can't have 40,000 phones, Pal. You'll take 70,000, or nothing. Take it or leave it!" That is complete and utter bullshit. And, it's ANTI-competitive.

      Not if they already know they can sell at least 200,000.

  2. Now you know how your customers feel, carriers! by jaskelling · · Score: 5, Insightful

    So...carriers...you signed a contract. It's something you can't get out of because it's something you NEED to have to succeed. But...the prices are exorbitant, you're being bent over and pounded from behind, and you feel you have no recourse, no matter how much you bitch and whine? Congratulations! Now you know how every single one of your customers feels on a daily basis. You're not going to get one iota of sympathy from me.

    1. Re:Now you know how your customers feel, carriers! by ozmanjusri · · Score: 0

      Congratulations! Now you know how every single one of your customers feels on a daily basis.

      Being bent over and pounded is not a service my carrier provides. I just give them AU$20 a month to make calls and use data.

      If being bent over a barrel isn't a lifestyle choice for you, you should change your carrier.

      --
      "I've got more toys than Teruhisa Kitahara."
    2. Re:Now you know how your customers feel, carriers! by Anonymous Coward · · Score: 1

      you're being bent over and pounded from behind

      Now you know how every single one of your customers feels on a daily basis.

      And they haven't even the common decency of giving a reach around

    3. Re:Now you know how your customers feel, carriers! by Taantric · · Score: 1

      Surely this must fall under the same legal premise for the EU anti-monopoly actions against Microsoft in the late 90's? The position occupied by Apple in the smartphone market is comparable to the position held by MS in the operating system market back in 1999. Android might sell more as a whole segment but it is seriously fragmented with no peer to Apple other than Samsung. Good luck to the EU. I hope they do take some action on this.

    4. Re:Now you know how your customers feel, carriers! by davester666 · · Score: 2

      We're the ones doing all the raping and pillaging, but Apple is getting all the profit from it because something known as "a product people want". We need immediate legislation so that we get to keep all the profit from the raping and the pillaging.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:Now you know how your customers feel, carriers! by Splab · · Score: 2, Insightful

      Did you read the part that said EU?

      We have fierce competition on the mobile market in most of EU; if you are bound by a contract it's because you are paying off your phone bought on credit, one month cancellation term is the norm else.

      In fact, the competition is so fierce in Denmark now, you get unlimited voice, SMS, MMS in almost all subscriptions, only thing varying these days are the data plans.

    6. Re:Now you know how your customers feel, carriers! by nospam007 · · Score: 1

      "In fact, the competition is so fierce in Denmark now, you get unlimited voice, SMS, MMS in almost all subscriptions, only thing varying these days are the data plans."

      Ditto here in Luxembourg. For under 50€, I have unlimited voice to all carriers and landlines, unlimited SMS and MMS and data. Being a small country, for an additional 5€ a month you can also get international calls and SMS etc to the countries around us.
      That's with a contract where the iPhone came with, if you buy your own phone it's much cheaper.

    7. Re:Now you know how your customers feel, carriers! by beelsebob · · Score: 4, Insightful

      You're right... 96% share, with your closest competitor having 3% share is *really* similar to 20% share, with one competitor having 35% share.

    8. Re:Now you know how your customers feel, carriers! by skine · · Score: 1

      You can get out of a signed contract if that signed contract is illegal.

    9. Re:Now you know how your customers feel, carriers! by Anonymous Coward · · Score: 0

      at that time ms controlled over 90% of the desktop market in operating systems and regularly used it's position to force makers to not sell anything different and regularly used it's position to lock out software it was trying to become dominant in.

      apple does none of these things and is no where near as big. it's not quite a fair comparison I don't think.....

    10. Re:Now you know how your customers feel, carriers! by sosume · · Score: 1

      orly?

      and regularly used it's position to lock out software it was trying to become dominant in.

      - Apple abuses its position to remove competitive software from the app store

      apple does none of these things and is no where near as big

      - Apple was a while ago the most valued company ever. (based on stock price)

    11. Re:Now you know how your customers feel, carriers! by Anonymous Coward · · Score: 0

      Apple prevents non-webkit browsers accessing hardware accelaration. This slows down Firefox. Just one example.

    12. Re:Now you know how your customers feel, carriers! by jo_ham · · Score: 0

      Apple prevents non-webkit browsers accessing hardware accelaration. This slows down Firefox. Just one example.

      Firefox is not on the app store.

      Sorry, your example must have a basis in reality to be taken seriously.

    13. Re:Now you know how your customers feel, carriers! by lsatenstein · · Score: 1

      So...carriers...you signed a contract. It's something you can't get out of because it's something you NEED to have to succeed. But...the prices are exorbitant, you're being bent over and pounded from behind, and you feel you have no recourse, no matter how much you bitch and whine? Congratulations! Now you know how every single one of your customers feels on a daily basis. You're not going to get one iota of sympathy from me.

      ===
      But if you want their service, you will have to pay for the Apple portion as well as what you think they are doing to their customers

      --
      Leslie Satenstein Montreal Quebec Canada
    14. Re:Now you know how your customers feel, carriers! by Bobfrankly1 · · Score: 1

      Apple prevents non-webkit browsers accessing hardware accelaration. This slows down Firefox. Just one example.

      Firefox is not on the app store.

      Sorry, your example must have a basis in reality to be taken seriously.

      Wooosh.

    15. Re:Now you know how your customers feel, carriers! by jo_ham · · Score: 1

      Apple prevents non-webkit browsers accessing hardware accelaration. This slows down Firefox. Just one example.

      Firefox is not on the app store.

      Sorry, your example must have a basis in reality to be taken seriously.

      Wooosh.

      Sorry, you can't retcon the comment as a joke by adding "whoosh" after the fact when someone points out that it's factually inaccurate.

    16. Re:Now you know how your customers feel, carriers! by Bobfrankly1 · · Score: 1

      The wooosh is from the point of his argument sailing well over your head. Apparently you woooshed on the wooosh as well. His argument wasn't specifically about Firefox. It was about Apple excluding browser makers from bringing their own competing engine by means of locking out access to hardware acceleration, which not only has a basis in reality, it's known fact. Firefox's absence from the app store is EXACTLY what makes it a good example, and whether Firefox is on the app store or not, Apple's restriction of web-browser engines speaks to it's anti-competitiveness. Heck, it took them quite awhile before they even approved any additional web browsers at all.

      It's like some of the racing organizations, they limit the engine sizes and technologies that are allowed to make the cars all equal. While that may be acceptable in a racing organization, in business, it can be viewed as anti-competitive. If you're judged to be a monopoly in the legal sense, anti-competitive behavior can be punished. While this isn't a mirror image of what happened with M$, there are parallels to be observed there as well.

      That said either you missed the point completely, woooshed it if you will, or you understood the point, and tried to put up a straw-man argument with the "firefox is not on the app-store, factually inaccurate" garbage.

    17. Re:Now you know how your customers feel, carriers! by jo_ham · · Score: 0

      No, the point wasn't that well made - that's what I mean about reconning it.

      There is no attempt at all made at sarcasm or satire, nor was the point made about the control of apps on the app store - if that really was the intention then it was extremely poorly made, given that the post made an assertion that was clearly false. There are plenty of other more salient points that could have been made on that front (for example, that iOS Chrome only has access to the sandboxed JS engine, while iOS Safari has access to a faster non-sandboxed one).

      The point wasn't that Firefox was absent from the app store - the point made was that Apple was "slowing down" Firefox. If the point was to show what a good example Firefox being missing from the app store is, perhaps the point shouldn't have been how Apple are slowing it down, which implies that it is running on a platform that Apple controls?

      Like I said, the original comment was classic uninformed Apple bashing, and as is typical for calling that out, other posters (or the actual poster who is now brave enough to log in) try to defend it by twisting around in the wind desperately to make it somehow still valid. It happens all the time.

  3. the irony... by Anonymous Coward · · Score: 2

    ...of cellular carriers, the most despised, bullying, and customer-hating organisations - monopolies, often - on the face of the earth, are crying because someone bigger than them is calling the shots for a change. the shock alone must be causing them to palpitate. even better - its because of *unfair and one-sided contract terms*! I laughed so hard I swear my spleen burst.

    1. Re:the irony... by Fuzzy+Viking · · Score: 2

      ...of cellular carriers, the most despised, bullying, and customer-hating organisations - monopolies, often - on the face of the earth, are crying because someone bigger than them is calling the shots for a change. the shock alone must be causing them to palpitate. even better - its because of *unfair and one-sided contract terms*! I laughed so hard I swear my spleen burst.

      Actually here in Europe the carriers have something you in the US seem to lack. We call it competition. Personally I am very happy with my carrier. No monthly fee for the basic subscription and a decently priced data plan. The Apple contracts are in sharp contrast with the rest...one of many reasons why I would never contemplate buying an iPhone.

    2. Re:the irony... by Pinky's+Brain · · Score: 1

      Also one of the most heavily regulated to enforce competition, especially in the EU.

      They know anticompetitive behaviour when they see it.

  4. Easy way to fix this problem by JDG1980 · · Score: 5, Insightful

    You know what the easiest way is to solve this problem? Completely separate the business of providing cell/wireless service from the business of providing the actual phones. If you want an iPhone, you buy it from Apple at whatever they are actually charging (none of this "subsidized" multi-year contract BS). Then you buy a service package for whatever carrier you want. Either month-to-month or long-term.

    Bundling the phone and service together has been horrible for consumers (we get locked-down devices loaded with crapware and stuck with terrible contracts) and now even the carriers don't like it? Enough.

    1. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      Yes, I've been doing this for the last 10 years:
          - I buy the phone off contract, and can get any phone I like.
          - I choose how long to keep the phone for. E.g. in the latest case my wife was happy to have my old smart phone (HTC Desire), when I got a Nexus 4 direct from Goggle, a lot cheaper than you can get it in the UK from a carrier ...
          - No crap ware on either phone is a handy bonus.

    2. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      In my country (Finland) it's perfectly possible to do what you advocate, i.e. buy a phone separately and a subscription separately. However, idiots (i.e. most consumers) somehow think they save money by getting a phone + 2 year subscription instead of buying them separately. The phone and the SIM are not locked but since the subscription has a relatively high monthly fixed minimum fee, it's not cost-efficient to get an additional subscription from a different operator and put that SIM into the phone instead. And you would of course get a different number in that case. This does, however, benefit people like me a lot since I can buy a decent smart phone very cheaply second hand and then get any subscription I like. It's ridiculous how some people simply must have the latest model all the time and sell their 3-4 month old phones for less than half the price of a new one. Possibly because that phone came with the subscription and they thus perceive it as "almost free" and then only consider paying a lot for their new phone as actually buying a phone. Personally, I try to avoid getting a new phone as long as possible - not because of costs but because I think that getting used to a new phone is a lot of trouble for very little benefit (I haven't seen any new killer features emerge in recent years).

    3. Re:Easy way to fix this problem by Fuzzy+Viking · · Score: 5, Informative

      Which is why I always buy phones without carrier lock-in. Which is an option here in Norway :)

    4. Re:Easy way to fix this problem by torako · · Score: 1

      For me it's not really about killer features, it's about app support (and OS updates to some degree). I'm still very happy with my iPhone 4 (bought in 2010 when it was released), however, I have noticed that newer apps don't feel as snappy as they used to, due to being optimized to run on newer models. It's not quite bad enough to warrant a new phone yet, but it might get there, especially when OS update support is dropped at some point in the future (Thankfully the resell value of iPhones is pretty great).

      Phones used to be more or less single-use appliances that only had to be replaced if they broke, but now that what makes them compelling is apps they are subject to the same update cycles that other computer hardware is (or used to be, the update pressure for notebooks and desktops isn't as big as it used to be).

    5. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      I brought phone directly from Samsung store and have no monthly fees. I pay for all calls and texts in the end of the month. Individual calls and texts would be cheaper if I would be on monthly plan, but I do not call enough to make it pay off.

      My data (internet) connection is also paid at the end of the month and upper cap for what I will ever pay is 15 euros.

      I'm ok with my program. If I ever decide to change the program, I can keep the cell phone number. You know, EU regulations said so. Do not assume that carriers are hated everywhere just because there is not competition among them in your area.

    6. Re:Easy way to fix this problem by houghi · · Score: 1

      Apple does not sell you the phones if you don't sign the contract,

      Many companies wanted to start selling the iPhone, but were not allowed because they did not have any contract.

      OTOH you can easily buy unlocked phones with or without contract.
      iPhone 5 64GB for 900EUR or 919 at the apple store. The difference is that it can not be used on CDMA networks or on LTE networks in _other_ countries.
      They even tell you when non-locked is the best option here (in Dutch)

      And you can buy ANY phone unlocked without contract, You just go into the store and buy the phone. Put in any sim card that fits from any country and you are done.

      --
      Don't fight for your country, if your country does not fight for you.
    7. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      Thats how it work in the third world country where i live. You first world guys are crazy for accepting contracts. Where is the freedom and capitalizm :)

    8. Re:Easy way to fix this problem by Anonymous Coward · · Score: 1

      It's an option everywhere, even here in the states. But people balk at a $400 price tag, even though you'll save twice that much over the course of a contract if you actually do the math. I did when I bought my Galaxy Nexus, and plan to buy unlocked phones from here on out.

    9. Re:Easy way to fix this problem by BitZtream · · Score: 1

      I call bullshit.

      What carrier are you using in the United States that actually charges less if you don't subsidize the phone with them?

      No one in the US buys phones outright because doing so is fucking retarded. The monthly fee remains the same regardless of if you buy it at full price or with a contract. Even if you buy it with a contract and cancel the contract before you even walk out of the store it IS STILL CHEAPER THAN PAYING FULL PRICE, at least on $400 and above phones.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    10. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      I don't know about the US, but here in Canada it makes more sense to pay full price for a phone.

      I'm with Virgin (Bell Canada). Since I didn't get a subsidized phone, I could get a contract without engagement (I can break or change the contract for a better one anytime I want) where I get unlimited call country wide, text and picture and video messaging, I also get call display, a full voice mailbox and 2 gigs of data for 56$. Of course they never advertise that kind of contract, but it is available.

      If I wanted to get a subsidized phone (a rebate of 500$ on the phone), the kind of thing advertise everywhere, everything unlimited, but only local, not country wide call, and with only a limited voice mailbox (3 messages only instead of 10) and only 1 gig of data instead of 2 is 70$ a month. To add the same more functional voice mailbox as my contract it would cost another 10$. So 80$ a month plus tax. And that's with a 36 month contract.

      So the math is 24 x 36 = 864$ - 500$ = 364$ more and less options to get a subsidized phone. I'll pay my phone thank you.

    11. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      You've shown there are better and worse contracts, but how do you know that you couldn't have gotten the better contract with a subsidized phone?

      I'm with GP - from everything I've seen the plan rates are exactly the same whether or not you're on a phone contract.

    12. Re:Easy way to fix this problem by zyzko · · Score: 1

      Exactly. Cell service prices in the US are expensive, but that is mitigated by the fact that you can get the handset for quite a good price by paying monthly fees.

      And $400 is low price for the latest high-end models, HTC One, iPhone 5 and Galaxy S4 are all at ~700€ mark in Europe unlocked depending on the tax rate where you buy them. For reasons that are quite sensible, people tend to opt to cut that into 24 separate payments, and cell phone companies love that. The problem is the additional cost of mandatory service, and that is what is wrong in the US.

    13. Re:Easy way to fix this problem by Anonymous Coward · · Score: 0

      What carrier are you using in the United States that actually charges less if you don't subsidize the phone with them?

      The T-Mobile "Even More Plus" plans. I'm under the impression you can also get this effect with some of the AT&T prepay plans. You have to know the plans exist and you have to talk to T-Mobile (not one of the kiosks all over the place that are merely contractors), but they do exist. I've also heard they now insist on you sticking with them for 12 months, but you still get a plan for $10/month cheaper.

    14. Re:Easy way to fix this problem by cbope · · Score: 1

      Here in Finland it is illegal to tie the service and the phone together, that is unless you buy subsidized. And most people know what a horrible deal subsidized phones are, so few people buy them. In fact, subsidized phones only started appearing here around the time of the iPhone launch, not before (Apple, go figure).

      Numbers must be portable also. And I can take my phone and pop in any SIM I want to and it will work just fine. Hell, my last phone (Lumia 820) I bought from a friend in Germany who was on T-Mobile, and I was able to simply put in my Elisa SIM and it works fine. I was even able to load the Finnish firmware on the phone without much trouble.

      In comparison, the US cell market is very uncompetitive and anti-consumer. Prices are exorbitant and service quality is generally poor. Lock-ins via contract and via locked phones are a non-issue here and prices are much lower as a result. The US carriers have too much power, and even going so far as to actively disable features in the handset (tethering anyone?) and charging customers monthly to re-enable them. When I buy a phone here, I get ALL the features that the phone *manufacturer* decided were needed in that specific model. The carriers here do not disable features that are part of the handset.

      And don't get me started on the gouging for data in the US... when I was there a few weeks ago, I was notified by my carrier that roaming data in the US would cost ~$15/MB. Are you fucking kidding me? We pay at most a few cents/MB at home, and about $1/MB when roaming anywhere in Europe.

    15. Re:Easy way to fix this problem by Wovel · · Score: 1

      Apple sells unlocked phones..

  5. strange tactic by Anonymous Coward · · Score: 0

    There is no way Apple can check how many phones a carrier has sold.
    Why not make the carriers buy a minimum amount of phones?

    1. Re:strange tactic by NoZart · · Score: 0

      I never owned an iPhone, but don't iphones register an itunes account with apple? By keeping a database on IMEI numbers of the devices that are sold over a carrier, i would think it to be quite easy to keep track of that?

  6. Belgium does that by Anonymous Coward · · Score: 1

    All phones are unlocked, and you can switch providers and keep the number. You can get subsidized phones, but then again you can just buy a phone from anyone on credit anyway and buy a service from any of the telcos.

    But really who needs Apple? There just isn't a killer app for iPhone now that isn't available on Android, and usually better on Android.

    So why not just skip the iPhones altogether at this point, if a user wants it, they can buy it unlocked mail order from one of the countries that sells them unlocked. There's just no need to waste time with Apple now.

    1. Re:Belgium does that by Stormwatch · · Score: 4, Insightful

      But really who needs Apple? There just isn't a killer app for iPhone now that isn't available on Android, and usually better on Android.

      People want the brand. It's like those Beats headphones: crazy expensive, subpar sound, "all my friends have those so I gotta have 'em too".

    2. Re:Belgium does that by walkerreuben · · Score: 5, Interesting

      As a computer nerd who owns an iPhone 5 and a Galaxy S3, I can tell you that no matter what I do with my Galaxy, my iPhone is still easier to use, more simple to navigate, and is always more stable. It does everything I need it to. The Galaxy. That's my fiddle phone. I can do anything I want with that phone, and it rarely complains. I can install different operating systems, I'm pretty sure I could dual boot if I wanted to. But so far every single thing I've done on my Galaxy that I couldn't do on my iPhone has been things only a nerd or geek would want to do. (Apart from use a proper Google Reader app, but that's no longer a problem with what's happening to it.) So in the end of my 6 month review of the two phones, I've come to the conclusion (I came to it ages ago actually) that while the Galaxy is the superior phone in nearly every way, the iPhone is the phone that's going to let the average customer do everything they need to do with hardly any worries. (It also feels stronger.) The average non-tech person who gets a smartphone doesn't want to dual boot it, they just want to use it. That's why Apple is so successful. (And when some damn saleperson talked my grandmother into getting a cheap android phone, I felt like taking it to the shop and stuffing it up ....... never mind. That was made worse by most of her children using iPhones and iPads.)

    3. Re:Belgium does that by Fuzzy+Viking · · Score: 1

      What I would miss the most if I were to leave my Desire Z behind would be the keyboard. My phone is not the newest or fastest around, but I love that keyboard, and my wife is jealous of the cam quality, which is better than hers on her much newer Sony XPeria Go. Oh. And xmbc. Need that.

    4. Re:Belgium does that by Anonymous Coward · · Score: 0

      My mother, who barely understands how to use Windows, loves her GS3. She is the type of person for whom downloading email attachments represents the largest struggle she will encounter in a day. I've told her that her iPad is essentially a larger version of what an iPhone is, but somehow, that doesn't seem to bother her... She saw that my GS3 was "nice" (full disclosure: I own a GS3 and an iPod touch) and wanted one, too. I can tell you that she certainly doesn't care about dual-booting, only that it can "run her apps" and "do everything she wants."

      I think your perception of the "average non-tech person"'s needs and wants diverges from the reality of the average non-tech person's needs and wants. Just :using it" has worked out just fine for her...

    5. Re: Belgium does that by cyber-vandal · · Score: 2

      I don't know. I can see plenty of non-nerds wanting to able to add extra storage without having to buy a new device, have the ability to block unwanted calls, mark texts from certain numbers as spam or use Swype to name but 4.

    6. Re:Belgium does that by Anonymous Coward · · Score: 0

      "But really who needs Apple? There just isn't a killer app for iPhone now that isn't available on Android, and usually better on Android."

      Except the devices are usually more poorly made and the OS is crippled from the start, assuming it even works appropriately with the hardware.

    7. Re:Belgium does that by Wovel · · Score: 1

      You live in Bizzarro world. There are actually no apps that are "better" on Android. It is a technical impossibility.

  7. Or just stop buying them by Anonymous Coward · · Score: 2, Interesting

    Because if carriers stopped buying and selling apple products they would eventually fix their contract problem. Sign a contract with other carriers stating that for a year there would be no selling of i-products. Simple as that.

    1. Re:Or just stop buying them by NoZart · · Score: 2

      IANAL, but wouldn't that be illegal in EU?

  8. Beats was a big loss maker by Anonymous Coward · · Score: 0

    As I remember that, HTC bought Beats audio for some silly money (like $300 million or something), made a huge loss, sold it back to Beats founders (Dr Dre et al). at a huge loss and the HTC exec whose deal it was got fired.

    I think if they want the Apple brand, good for them, they can buy it unlocked from Belgium. And if they're not willing to buy it unlocked, then they don't really want the brand that much.

    I think the telcos can safely walk away from Apple at this point.

    1. Re:Beats was a big loss maker by LamboAlpha · · Score: 1

      HTC bought a 50.1% share (controlling interest in the company) for 309 million dollars, then sold back 25% for 150 million dollars. HTC only lost ~4.5 million dollars plus the cost of the acquisition. Not a great business move, but they could have done far worse. However, they still have some control of Beats Electronics because of it (the 25% in stock).
      http://www.businessinsider.com/htc-just-sold-back-half-of-its-holdings-in-beats-electronics-2012-7

  9. Re: Now you know how your customers feel, carriers by Anonymous Coward · · Score: 1

    Here in the US we don't have a "non-barrel" option, though there is some flexibility in the "backside frequency" rate. But in our defense, our government does this to us all the time by bending over backwards to help big business do this to customers. I believe we even pay extra taxes to help buy the barrels.

  10. Re: Now you know how your customers feel, carriers by used2win32 · · Score: 2
    Actually we do. My wife and I left a big carrier and went with a smaller one. 1500 minutes and a small data plan (I normally use WiFi) for $50 mo and no contract.

    I bought used phones and now our bill is a fraction of what it was...

    Is $50 better = yes. Could and should it be cheaper = yes.

    --
    Procrastination; I'll think of a sig tomorrow.
  11. Ironically by tuppe666 · · Score: 2, Insightful

    my iPhone has been things only a nerd or geek would want to do

    Its kind of sad your trying to troll Android vs Apple based on subjective comments [and personal attacks]...you hit all the check boxes, but you ignore the fact that this article is about Carriers standing up to Apple, something they are doing 6 years after launch because, well their dependence on Apple is not once it once was, simply because other companies are providing smartphones that outsell Apples several times, because customers are choosing them over Apple.

    1. Re:Ironically by Anonymous Coward · · Score: 0

      it's called standing up to apple when you run and cry to a regulator you are probably bribing to make things better rather than just not selling the phone anymore?

    2. Re:Ironically by gordo3000 · · Score: 1

      what phone model outsells the iPhone? I don't think the galaxy s3 does. It's the best single selling cell Phone I think, though not the biggest company or biggest operating system in europe.

    3. Re:Ironically by Anonymous Coward · · Score: 0

      How is this insightful? The only models that manage to limper past iPhones in sale numbers have fractionally better sales, none are close to "several times" if you are thinking integers.

      Fandroid in "complete disregard of reality" mode I see... you argue on the level of someone who sees someone making 50 million and calling them a millionaire, and seeing someone making 49 million and calling them dirt poor. Because the other guy made a pass at your sister or some other weird justification.

    4. Re:Ironically by cbope · · Score: 1

      Wrong. Recent numbers put Samsung quite far ahead of Apple globally. Please do your research.

    5. Re:Ironically by Wovel · · Score: 1

      Sure if you include the $4 to manufacture "smartphones" they sell in the third world. :)

    6. Re:Ironically by gordo3000 · · Score: 1

      really? which model by samsung outsells the iPhone? here is a hint:
      teh iPhone 4s, an old model, outsold the galaxy s3 in 2012 4Q, when teh 4s had a much more powerful update available and the s3 was the top in class for samsung. In fact, thanks for your snide, completely incorrect reply, it definitely made me go look up how dominant apple still is in the markets it has released phones

  12. this should be quick to resolve by Anonymous Coward · · Score: 0

    this is how intel got done in with their contract bulk discounts

  13. Your American :) by tuppe666 · · Score: 4, Informative

    Its always a little embarrassing to show how little are know about other parts of the world...here is a wikipedia page http://en.wikipedia.org/wiki/Economy_of_the_European_Union from the article "The economy of the European Union generates a GDP of over €12.894 trillion (US$16.566 trillion in 2012)[1] according to Eurostat, making it the largest economy in the world."...just in case you missed it "*LARGEST* economy in the world."

    1. Re:Your American :) by Anonymous Coward · · Score: 0

      Seems pretty weak once you consider how many members there are

    2. Re:Your American :) by Anonymous Coward · · Score: 0

      You're Spelling ;)

    3. Re:Your American :) by unapersson · · Score: 1, Insightful

      The US has more members though doesn't it?

    4. Re:Your American :) by Anonymous Coward · · Score: 0

      You're capitalization ;) You're WINNER !!

    5. Re:Your American :) by Anonymous Coward · · Score: 1

      No, it doesn't. The country/state relationship in America is in no way similar to the country/member relationship in the EU. Considering the GDP of the EU is less than a trillion higher and the population is nearly 200 million people greater than the US (approx. 60% greater), I'm not sure the original poster's point is braggable in any case.

    6. Re:Your American :) by Anonymous Coward · · Score: 1

      It's fun how people selectively believe the EU is a country when it suits them, and a loose collation of countries when it doesn't.

      Even if you do pretend the EU is a country, the GDP is impressive, but the GDP per capita is not.

    7. Re:Your American :) by phayes · · Score: 3, Interesting

      It's funny how when it serves EU pride, like "We have the largest economy in the world", Europeans sum up the GDP, yet when it doesn't, like total amount of CO2 pumped into the atmosphere, that never happens...

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    8. Re:Your American :) by Anonymous Coward · · Score: 0

      It isn't. An apples to apples comparison would be all of the North American continent to all of the European continent. What tuppe666 stated is similar in spirit to 'American exceptionalism'. It relies more on skewing numbers and framing the debate than any type of reason. In this case, comparing an entire trade bloc that has repeatedly chosen to exclude subpar states to a single country that is all inclusive within its borders. Even then, to make the point stand takes some ignoring of inconvenient facts such as GDP measuring standards (somewhat relevant)and population numbers.

    9. Re:Your American :) by Anonymous Coward · · Score: 0

      It is actually not a pride for us europeans that every day we are looking more like USA, with the government being run by financial lobbies and the poverty line rising every year in every country for the sake of profits. And we are getting short of countries to escape to.

    10. Re:Your American :) by Anonymous Coward · · Score: 0

      It's funny how when it serves EU pride, like "We have the largest economy in the world", Europeans sum up the GDP, yet when it doesn't, like total amount of CO2 pumped into the atmosphere, that never happens...

      Yes, let's talk about the total amount of CO2 pumped into the atmosphere: while US has a smaller economy than Europe it was still responsible for more than 16% of the global CO2 emissions while Europe still bad "only" is responsible for 11% of global CO2 emissions. US produces more (CO2) than Europe & Japan put together.

    11. Re:Your American :) by Xarvh · · Score: 1

      [citation needed]

    12. Re:Your American :) by phayes · · Score: 0

      [learn to use your brain]

      I've heard & read the comment "USA biggest polluter on the planet" countless times in the French press (though it has calmed down slightly now that china has bypassed the USA & due to Europe's economic crises pushing the environment almost off the table). Learn a language other than English & start reading the press.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    13. Re:Your American :) by Xarvh · · Score: 1

      Bwhahahahhah.
      What a moron.
      I am fascinated about how people concerned with others not using their brains seem to jump the shark the most.

      I am Italian, I speak Swedish, Greek, Spanish, German and English (sometimes).
      Your clever assumption is spot on, man! =D
      Not that your over generalization didn't give you away.
      (No, I don't live in EU any more because the economy went down the drain.)

      I believe you refer to the "US bigger polluter *PRO-CAPITA*".
      It is still compatible with the statement that "EU, as a whole, is the biggest economy".
      The latter statement surprises me but I don't follow this kind of numbers.

      Uh, and regarding your signature.
      Your "freedom" is an insanely armed wolf feasting on the lambs while telling the well-armed sheep where to aim.

      Your president has the right to kill you. Banks and corporations own you and decide who is the enemy
      The day to rise in arms to defend your "freedom" has long passed.
      But you are still looking at the horizon with your big gun, waiting for the day you will get to shoot the BIG EVIL and feel a Real Man, while on your back your "freedom" has been reduced to a joke already, and I am not speaking about the right to bear arms.

    14. Re:Your American :) by phayes · · Score: 0

      What no Swahili? No Xosa? No high Elfish or other claims like Tagolog or Kingon? Come on, you cannot seriously claim to have knowledge of even the languages you claim yet be ignorant of how common it is for people in the eu to lump the eu together when it serves us & then split it into individual states when it doesn't.

      Tu montres encore ton ignorance quand tu crois pouvoir me faire des lessons sur quoi que ce soit. Mon signature date des années quatre vingts quand l' Europe laissait Milosevic massacrer des civiles et non sur des faits récents alors tu peux fourrer tes propos la ou je penses.

      Quel con ignorant tu es...

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    15. Re:Your American :) by Xarvh · · Score: 1

      Hint: "ignorance" and "not understanding phayes' ideas" are two different things.
      Also, why are you writing at all in a language I understand little of?

    16. Re:Your American :) by cbope · · Score: 1

      I would counter this by saying the EU population does not rate GDP per capita as important as the US does.

      Here in the EU, we like to have a life too, not everything is work, work, work and then you die. By the way, how many vacation days and paid-time-off holidays do you get each year?

      (44 days/year here in Finland, including vacation and PTO)

    17. Re:Your American :) by phayes · · Score: 0

      Go suck an egg, junior (or is that cultural reference too obscure for you). Ignorance is easily curable through education. Willful stupidity like needing a cite for what is an extremely common occurrence or insulting the president of a country that I do not live in (as can be quickly determined by referring to my /. profile) is harder.

      Call me unsurprised to discover that your claimed multi-lingual status & thus comprehension of the french press is not as comprehensive as claimed. Unable to use Google translate either huh? Once again, my references were to what is an extremely common event in France. Learn french & read the french press & you'll discover just how common that is or stay as you are & hope to be spoon fed references.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    18. Re:Your American :) by Xarvh · · Score: 1

      So you insult me for not knowing any language, mock me for knowing too many languages, brag about being able to write in French, and then insult me because I don't know French.
      Mmmh...

      Extremely vague generalizations about 500 million people, backed only by your own subjective judgement.
      Saying I don't use my brain because I ask to support of the generalization above.
      Extremely poor assumptions on my linguistic capabilities.
      Calling me ignorant because I don't get a poor metaphor of yours.
      Speaking in a language I don't understand for no apparent reason other than bragging.
      Resorting to insult rather than rational argument or evidence.

      You don't care about making yourself clear to others, just about proving your own superiority to yourself, often by diminishing others.

      I have been siwoti for too long.
      I think I am done with your ego trip.

    19. Re:Your American :) by Anonymous Coward · · Score: 0

      [learn to use your brain]

      I've heard & read the comment "USA biggest polluter on the planet" countless times in the French press (though it has calmed down slightly now that china has bypassed the USA & due to Europe's economic crises pushing the environment almost off the table). Learn a language other than English & start reading the press.

      http://en.wikipedia.org/wiki/List_of_countries_by_carbon_dioxide_emissions
      Annual CO2 emissions
      (in thousands of tonnes)

        United States 5,461,014
        European Union (27) 4,177,817

      And let's not get into the fact that you Americans were claiming that China was producing more CO2 than the US for years before it actually happened.

  14. So, you agree then. by pablo_max · · Score: 5, Insightful

    So that you are saying is that Apple should be sued by the EU? Gotcha.
    I mean after all, Apple actively prevents you from installing another main OS on its iProducts, does it not? Or, are you saying that this only applies to Windows and it is OK because it is Apple?

    1. Re:So, you agree then. by Anonymous Coward · · Score: 1

      one clue for you: marketshare

      try to figure out the rest by yourself, genius...

    2. Re:So, you agree then. by marcello_dl · · Score: 1, Troll

      I don't care whom EU sues. Given that EU actively prevents people with cows to sell milk ("oh you have no auth, find some phantom business whom we gave auth and resells it to you") and people with land to sell a fruit ("oh it may have grown without pesticides but it's not the CORRECT SIZE"). EU has nothing to do with free markets, I was talking about the definition of "anti-competitive". We are so deep in newspeak lately, huh?

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    3. Re:So, you agree then. by marcello_dl · · Score: 1

      indeed, buy one random laptop or smartphone, and the things between you and "doing what you want with your device" are, in this order: secure boot, android with locked bootloader and no root, iOS.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    4. Re:So, you agree then. by theVarangian · · Score: 1

      So that you are saying is that Apple should be sued by the EU? Gotcha. I mean after all, Apple actively prevents you from installing another main OS on its iProducts, does it not?

      I'm not sure if you are trying to be sarcastic here or if you really believe that. Apple does not prevent you from installing another OS on you iDevice any more than Google or Samsung will jovially give you technical help and throw developer time at you for free if you decide to install Ubuntu on your Galaxy S3. Even if they put clauses in their EULAs, (I could not find one in the docs that came with my iPhone) It's perfectly possible to install Android on an iPhone if you are willing to put in the work.

      Or, are you saying that this only applies to Windows and it is OK because it is Apple?

      Apple should get it's ass kicked for anti competitive behaviour just like Microsoft did and so should Google and Samsung.

    5. Re:So, you agree then. by Anonymous Coward · · Score: 2, Informative

      I live in Europe and buy vegetables from people with small lands roughly once in two weeks. Try again with different propaganda.

    6. Re:So, you agree then. by Anonymous Coward · · Score: 0

      LEAVE JOBS ALONE!

    7. Re:So, you agree then. by Anonymous Coward · · Score: 0

      I moved from the EU less than six months ago and until that time could not sell fruit from my own trees for the reasons the op stipulated. So maybe he wasn't using propaganda, but was merely conflating local (country specific) was of handling EU directives with the actual directive itself.

    8. Re:So, you agree then. by Anonymous Coward · · Score: 0

      A company can still be anticompetitive even if they're not a monopoly, you tool.

    9. Re:So, you agree then. by marcello_dl · · Score: 1

      Yep you can buy fruit, since the people complained about the law EU passed. But EU passed that law and it did it recently.
      http://www.nytimes.com/2008/11/12/world/europe/12iht-food.4.17771299.html?_r=0
      Milk quotas still stand.
      http://www.reformthecap.eu/issues/policy-instruments/milk-quota

      Was it difficult to google before accusing people of spewing propaganda, fellow EU citizen?

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    10. Re:So, you agree then. by Anonymous Coward · · Score: 0

      You can install whatever you want on an iDevice, just don't expect Apple to make it easy for you.

      EU would not go after Apple for that any more than they have against Microsoft (XBox 360, Zune family), Sony (PS3, PSP, Vita), or Whirlpool (my microwave).

    11. Re:So, you agree then. by node+3 · · Score: 0

      So that you are saying is that Apple should be sued by the EU? Gotcha.

      Nice try, doublethinker. He said the exact opposite.

      I mean after all, Apple actively prevents you from installing another main OS on its iProducts, does it not? Or, are you saying that this only applies to Windows and it is OK because it is Apple?

      MS never got in trouble for that either. Where did you get such a ridiculous notion?

      No, the fact is that you can buy any phone you want, iPhone, Android, Windows, etc. Apple doesn't force anyone to buy an iPhone, and they don't have anything monopolistic in place to abuse, the way MS has had in the past.

      The only "monopoly" Apple has is over their own products, and that's not a monopoly, that's the definition of being the proprietor of a product. And that's also the answer to your troll question: no, that's not OK because "it's Apple", it's OK because the iPhone is Apple's product *and* they aren't using their product to unfairly manipulate a market.

    12. Re:So, you agree then. by petermgreen · · Score: 1

      I'm not sure if you are trying to be sarcastic here or if you really believe that. Apple does not prevent you from installing another OS on you iDevice

      Apple locks down the bootloaders on their idevices in an attempt to stop you running anything other than their blessed OS. Some andriod vendors do the same but afaict most have come round and provided ways of unlocking their bootloaders.

      Now in some cases* that lockdown is imperfect and people find ways to bypass it. That doesn't mean we should support vendors who lock their bootloaders down.

      * You will notice if you follow the link to open iboot from your linked article that it only applies to the original iphone and the iphone 3g, not to more modern devices. Apple is learning how to lock things down harder.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    13. Re:So, you agree then. by Anonymous Coward · · Score: 0

      Yep you can buy fruit, since the people complained about the law EU passed. But EU passed that law and it did it recently.
      http://www.nytimes.com/2008/11/12/world/europe/12iht-food.4.17771299.html?_r=0

      No, moron, you couldn't sell them to resellers to sell them EU wide, you could always sell them directly. Learn to read.

      Milk quotas still stand.
      http://www.reformthecap.eu/issues/policy-instruments/milk-quota

      Was it difficult to google before accusing people of spewing propaganda, fellow EU citizen?

      Did you know that before the quota the EU had a "butter mountain", because the farmers produced so much milk they couldn't sell them at a price to account for the cost to produce the milk, and the EU had to bail them out by buying up the milk and dumping it on the international market as butter or milk powder or giving it away to certain people?

      Unregulated "free" markets don't work, period.

  15. Apple is not a monopoly by Pecisk · · Score: 1, Redundant

    Carriers aren't forced to offer Apple. In fact, in Europe you aren't really obliged to do anything about Apple - you can succeed (as mobile provider) other ways. Of course, it is much harded than hoping all kool-aid drinking Apple fanboi masses come to you and you only (if serously, Apple is playing with fire here - my pick huge number of their sales in Europe comes from carriers, because no hipster or "cool kid" can afford retail price of Apple).

    So, unless Apple has near 90% monopoly in smartphone market (hint: it doesn't, especially in Europe), those carriers will have to taste their own medicine - after all, Apple imposes similar tactics as mobile providers/ISP themselves imposes to us - with huge fees for early termination, etc.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    1. Re:Apple is not a monopoly by Anonymous Coward · · Score: 1

      OEMs weren't forced to offer Microsoft. In fact, in US you weren't really obliged to do anything about Microsoft - you could succeed (as OEM) other ways. Of course, it is much harder than hoping all MS using enterprise masses come to you and you only etc. etc. etc.

      You don't need to be a monopoly to engage in anti-competetive practices. With 40-50% of mobile market, Apple certainly has enough mass to swing around, and what they're doing here is not much different from what MS did.

      Hint: it's not about "hoping all fanbois come to you", it's about knowing that none of them will come to you if you don't have iPhone and your neighbor provider does.

    2. Re:Apple is not a monopoly by Anonymous Coward · · Score: 0

      So, unless Apple has near 90% monopoly in smartphone market

      Look, you obviously don't understand competition law (in the US or EU) so why bother commenting? 20-30% market share can be sufficient to give you enough market clout to damage competition, there is no fixed minimum market share for competition law to apply.

    3. Re:Apple is not a monopoly by Anonymous Coward · · Score: 0

      I am sure Apple never demanded that telcos pay them for offering non-Apple phones the way Microsoft demanded OEMs pay for a Microsoft license for every computer no matter what OS it was sold with. Apple's "demands" of the telcos just broke the common absurdity where the telcos "telcofied" phone handsets making it harder to switch operator than it otherwise could be. Maybe you work for the telcos and thus enjoy the re-turning of the tables or something...

    4. Re:Apple is not a monopoly by Anonymous Coward · · Score: 0

      Apple has about 25% of the world market share of phones

      http://appleinsider.com/articles/13/01/25/apples-iphone-grew-to-251-global-market-share-in-2012

      And if you understood the history of MS and what actually happened, it was a LOT different.

  16. Simple answer ... by Taco+Cowboy · · Score: 0

    ... don't sell any iPhone

    No need to tie oneself to a contract with an impossible number of iPhone when there are plenty of other kinds of smartphone out there

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Simple answer ... by Anonymous Coward · · Score: 0

      Yep, because we know there's no such thing as "brand" and "brand loyalty", especially not in Apple's case. And it's not like Apple phones make up almost half of mobile market in EU (other almost-half is Android and what's left is torn in half a dozen tiny pieces by others).

      Turning away half of potential customers - gee, what could go wrong?

    2. Re:Simple answer ... by Anonymous Coward · · Score: 0

      other almost-half is Android

      almost other half is Samsung

      FTFY

    3. Re:Simple answer ... by gordo3000 · · Score: 1

      what are you talking about? In Europe Apple has about 20% of the market, usually less except around a release of a new iPhone. It's nowhere near 50%.

    4. Re:Simple answer ... by Runaway1956 · · Score: 1

      Agreed.

      If I own a telco, and I have - say 100,000 customers, and I'm sure that I can sell 50,000 phones within a twelve month period - then I should decide how many of them I want. I want 20,000 Apple devices, and I want 20,000 Android devices, and I want a few hundreds of each of several other brands.

      For Apple or Android, or anyone else to tell me that I MUST purchase X amount over what I have decided is WRONG!!!

      Screw Apple and their minimum purchase. I just won't sell any. I'm going to push Android, and all the other competitors, and squash Apple within my own market.

      Apple will probably come back with an offer more to my liking when they see me selling all those Androids.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    5. Re:Simple answer ... by BitZtream · · Score: 1

      You have absolutely no experience what so ever in the retail world do you?

      This is pretty much standard business practice for high profile retail targets, Apple didn't invent the practice they just joined in. Just because you're unaware of the fact that everyone does it, doesn't make it new. The cute part is that you think Samsung doesn't do the same with their Android phones.

      Congratulations, you're a tool of propaganda rather than a human capable of thinking for themselves.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    6. Re:Simple answer ... by Runaway1956 · · Score: 1

      Are you arguing that "This is business as usual." or are you arguing that "This is the RIGHT WAY to do business."??

      I'm saying it's wrong, and I'm not going to play the game. In fact, the telcos seem to be doing something about it. They are talking to the EU, informing the regulators that Apple is trying to bend them over a barrel, and isn't even using any vaseline. I'm all for the telcos, in this case.

      THERE IS NO REASON FOR THEM TO ACCEPT THE CONDITIONS THAT APPLE WANTS TO IMPOSE.

      Maybe it's "legal" in the states for Apple to rape the telcos. And, maybe it's not so legal in the EU.

      How long have you been in the retail world? Hang around - you may get a lesson or two in the near future.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    7. Re:Simple answer ... by Roger+W+Moore · · Score: 1

      I'm saying it's wrong, and I'm not going to play the game.

      That's your choice but unusually given modern business practices I actually don't see a lot wrong with this one. Apple are selling a popular phone and frankly the reason it is popular has more to do with fashion than functionality. So to keep it popular it needs to be in adverts for the carriers which have it. Assuming the minimum numbers are not punitive all this contract does is ensure that a carrier is making a major commitment to sell the phone. They don't want iPhones sitting on some carrier's shelf and getting sold almost by accident - they need to have it pushed to keep its fashionable appeal.

    8. Re:Simple answer ... by Anonymous Coward · · Score: 0

      And you have no idea how Europe retail works. Sorry my mistake you know everything in the US.

    9. Re:Simple answer ... by Wovel · · Score: 1

      Then you should not sign the contract with Apple. Period. The end. No one forces carriers to sell the iPhone.

    10. Re:Simple answer ... by Wovel · · Score: 1

      WTF Are you talking. Apple says if you want to sell our phone, you need to sell this many. If you can't sell this many, we will stick to other carriers. How is that "rape", how is it even wrong?

    11. Re:Simple answer ... by Runaway1956 · · Score: 1

      I thought that I already said that. I'm not signing a contract that basically makes me a junior partner in an advertising and sales scheme. I'm willing to sell 20,000 of their phones, because I think I can do it. I'm not willing to sign a contract that makes me liable if I fail to sell 50,000.

      It's Apple's loss, of a sale of 20,000 phones.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    12. Re:Simple answer ... by Anonymous Coward · · Score: 0

      I thought that I already said that. I'm not signing a contract that basically makes me a junior partner in an advertising and sales scheme. I'm willing to sell 20,000 of their phones, because I think I can do it. I'm not willing to sign a contract that makes me liable if I fail to sell 50,000.

      It's Apple's loss, of a sale of 20,000 phones.

      Errm, nope, it's [i]your[/I] loss of sales of 20,000 phones + contracts, because somebody else will gladly sell those iPhones + contracts.

  17. Sounds a bit like 90's era Microsoft ... by Anonymous Coward · · Score: 0

    The situation isn't identical, but it sounds awfully similar to, the situation faced by OEMs in the 1990s. In those days, OEMs needed to preload Windows on a certain percentage of machines so Microsoft took advantage of that to edge out the competition. In these days, carriers need to offer iPhones to a certain percentage of customers so Apple is taking advantage of that to edge out the competition. The magnitude of the problem is somewhat different because the marketplace is still very competitive, but it appears as though there is a great deal of coercion in both cases.

    1. Re:Sounds a bit like 90's era Microsoft ... by Anonymous Coward · · Score: 0

      Not even close.

      Most agencies have minimum sales targets to meet otherwise they risk loosing the agency to a competitor.
      Its the same with sales staff, they too have sales targets to meet or loose their jobs.

      Exactly where does it say that they must sell iPhones to a certain percentage of customers ?, that is a fabrication you have made up to try and make your point have some validity. it is however FUD.

      Minimum targets are common in a huge range of retail areas raging from fuel, cars sales, clothing, etc etc etc. These types of contracts have been around well before Apple was around as a company. Franchises also have clauses which may see them liable for national advertising campaigns based on a fixed fee rather than a % of sales or means.

      Celebrities who endorse a product are excluded from endorsing a competitors, is that too not anti competitive ?

      This is business, and what has happened is that since Apple has arrived the Telcos have lost the power they once had, and this is nothing more than a power grab to try and get it back. They want to load crapware back on your phone, the dont want to see firmware updates, the ability to move your phone from carrier to carrier, they want customer lock in, they want to prevent Skype over wifi on phones so they can continue to collect extortionate fees on global roaming, etc and Apple has lead the charge in putting the power back into the hands of the consumer, and thats what the Telcos dont like

  18. In some ways, yes. by dutchwhizzman · · Score: 3, Interesting

    By becoming a cartel, it would be illegal. However, if one large provider would publicly announce it would stop doing business with apple and all the others would follow, there isn't much apple could do. If this was staged by the EU telcos and kept secret, apple would have the burden of proof. I think that a lot of EU telephone market movements are done this way, but I have no way of proving it, so it's just an expression of my opinion.

    --
    I was promised a flying car. Where is my flying car?
    1. Re:In some ways, yes. by Buzer · · Score: 1

      It could still fall under the cartel or similar laws. Recently in Finland there was a case where dairy producer (Valio) had originally cut their milk price to drive another company out (Arla). The Finnish Competition and Consumer Authority was not happy when they found out and more or less forced Valio to up their prices. Valio publicly announced they were going to increase their wholesale prices by 30%. FCCA was angry again, claiming that kind of announcement could be considered to be price signaling and it's not a good thing. They haven't filed any claims to courts yet tho.

    2. Re:In some ways, yes. by phayes · · Score: 1

      The European telecom market is much too fragmented to be called a single market, it's merely an assembly of national markets. Conditions in one national market have very little to do with those in other markets as the actors are generally very different from country to country.

      Now as for your contention that all that needs to happen is for one important actor in one country to renounce their contract with Apple & for the rest of the operators to domino after, it's bull. Here in France, Freemobile.fr entered the market a little over a year ago with no Apple contract (& indeed no subsidized phones at all). One year later they have already taken over 6.4% of the french market.

      The other 3 French operators have already tried to form anti-competitive cartels a few years ago. They were caught & fined & ever since they have been under serious scrutiny. Were they to attempt doing so again, the consequences would be severe.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    3. Re:In some ways, yes. by FireFury03 · · Score: 1

      I think the person you're replying to is taking the "it isn't illegal if you don't get caught" attitude ;)

  19. Re: Now you know how your customers feel, carriers by zidium · · Score: 1

    Are you serious?

    We use My Simple Mobile...

    • Unlimited voice
    • Unlimited long-distance
    • Nationwide
    • Unlimited data
    • Android phone
    • T-Mobile network
    • $50/month!! NO CONTRACT!
    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  20. Re: Now you know how your customers feel, carriers by emj · · Score: 1

    • Unlimited data
    • Android phone

    Are you sure? What kind of phone and what kind of unimited data?

  21. Cry baby EU telcos by stevez67 · · Score: 2

    It's called business ... business operates on contracts... just because you're lousy at negotiating contracts doesn't mean one of your suppliers is anti-competitive unless the contract stipulates you can't sell other manufacturer's phones. Man-up and learn how to do business and stop relying on your "bought-and-paid-for" regulatory agencies to boost your bottom line.

    1. Re:Cry baby EU telcos by EzInKy · · Score: 1

      unless the contract stipulates you can't sell other manufacturer's phones.

      Isn't that the essence of the very problem here? If Apple's contract state you must sell X amount of Apple phones, then isn't that an implicite stipulation that you can not sell phones from other manufacturers unless you can meet X?

      --
      Time is what keeps everything from happening all at once.
    2. Re:Cry baby EU telcos by gnasher719 · · Score: 2

      Isn't that the essence of the very problem here? If Apple's contract state you must sell X amount of Apple phones, then isn't that an implicite stipulation that you can not sell phones from other manufacturers unless you can meet X?

      And if the other manufacturer offers spiffs to your store employees for selling their phone, doesn't that mean they cannot sell iPhones if they want their cash from Samsung?

    3. Re:Cry baby EU telcos by Pinky's+Brain · · Score: 1

      Two wrongs make a right?

  22. USA bailed out California by Anonymous Coward · · Score: 0

    Well Euro zone is profitable, it sells far more goods and services than it buys in from abroad, and Cyprus is a tiny part of that zone.

    On the other hand, USA runs a huge trade deficit, and California is one of the biggest economic parts of the USA and is essentially bankrupt without its Federal bailout.

    http://www.forbes.com/sites/realspin/2012/06/27/the-silent-bailout-of-the-states-the-greatest-threat-to-our-economic-freedom/

    So Apple shouldn't pay up, rather they should not break EU law, and pay their taxes back into the USA which needs them. As for Microsoft, they are not victims here, they knew what they were doing and did it anyway.

  23. Re: Now you know how your customers feel, carriers by Anonymous Coward · · Score: 0

    T-mobile has 4G and its unlimited data plans are usually 2GB cap, after which you get throttled down to 2G speeds until the next billing cycle.

  24. Compensation by Bogtha · · Score: 1

    While Apple's terms are different from carrier to carrier, a major complaint from the European carriers is that Apple forces them to sell a certain amount of iPhones over a determined amount of time. If the carrier does not meet this quota, then they must pay Apple for the unsold devices.

    The "compensate Apple" referred to in the summary appears to simply be that they need to pay for the devices they ordered even if they can't re-sell them to consumers. I know that the EU has strong protections for consumers being able to send goods back, so I would imagine they've got a case to be heard here.

    However I have to wonder what the motivation is behind this. It's not like iPhones are sitting on shelves unsold and I don't see how a minimum order quantity is in any way unfair. The carrier knows that they don't have to push the iPhone on consumers and they'll sell their stock regardless. Is this a bargaining chip for other things, or do these factors have an effect on something in the pipeline?

    --
    Bogtha Bogtha Bogtha
    1. Re:Compensation by Eivind+Eklund · · Score: 1

      If I understand the article correctly, the problem isn't that Apple has an overall minimum - it's that Apple is setting a minimum per carrier and using that to force market share, somewhat similar to the per-CPU licensing that Microsoft did in the 90s.

      Assuming I understand the implications of the article correctly (and it doesn't spell this out), the Apple trick works somewhat like this:

      Carrier X has 100,000 customers, 10,000 of which are super-Apple-fanboys as customers. If they don't get their iPhone, they'll go elsewhere.
      There's also another 5,000 customers that will buy the iPhone if Carrier X does a hard sell, but where carrier X would be better served by selling these customers something else (e.g, because the customers would be happier with something else, and that's good advertising.)

      Apple will run their numbers and say "Carrier X has 15,000 customers it can make buy the numbers, we will offer them a minimum buy of 15,000 units". If carrier X says no to buying 15,000 units, they're losing 10,000 customers. If carrier X says yes to buying 15,000 units and don't do a hard sell of the iPhone to the 5,000 (e.g, leading them to buy a phone that they'll be more happy with), carrier X is out the cost of 5,000 phones. The only reasonable option for carrier X is to buy the 15,000 units and do hard sell for 5,000 - leading to a worse outcome for those customers (or for the carrier, depending on why the carrier wanting to sell another phone.)

      If the number of Apple fanboys was really small, then this wouldn't be an issue - the carrier would just take the loss of those customers. However, if the number is relatively large - and supposedly is - then this is using their (state granted) monopoly on the iPhone directly to extend into a larger market share, which may be against anti-trust laws. Or at least that seems to be the hypothesis. (This is not legal advice, I'm not a lawyer, and even if I was a lawyer I would not be your lawyer.)

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  25. Re: Now you know how your customers feel, carriers by Anonymous Coward · · Score: 0

    I modded you informative and posting AC to comment. I looked through their web site and for the first time in a while got interested in upgrading. I've been on t-mobile for a long time and I've found it amazing that they don't really give a carp about loyal customers. Oh, new guys get all the bells, but to upgrade as an existing is a most unpleasant experience. I bought my phone 4+ years ago and really don't want to go on contract, but was willing if they gave me a deal. No deal, just pay more.

    I'd loathed to buy a used phone from e-bay (if I can even find a SIII, what I want), but for their plan pricing, I see paying even full price a savings over the year. Thanks for the info. I am curious if Verizon or Sprint networks have similar piggy-back companies.

  26. That's the point: they aren't. by Anonymous Coward · · Score: 0

    When you sign up to your internet service, the ToS has to be agreeable to both sides. If the contract is "take it or leave it", then there isn't much of a meeting of minds and unfair terms can be struck because of this.

    This is the carriers asking for the same protections as the populace gets.

    "innovative", but not absolutely wrong.

    1. Re:That's the point: they aren't. by Pinky's+Brain · · Score: 1

      I think Apple is being the innovative one here, innovatively anticompetitive ... and I agree with Apple, they are abiding by the letter of the law.

      The question is do we want all major manufacturers with some decent pull (ie. Samsung) to start doing this as well ... I think we don't, allowing market incumbents to throw up extra barriers of entry through contracts only benefits the market incumbents. So lets update the laws to make what Apple is doing illegal going forward.

    2. Re:That's the point: they aren't. by Anonymous Coward · · Score: 0

      So your solution to this whole debacle is ex post facto legislation. Take a moment to think about the ramifications of that.

    3. Re:That's the point: they aren't. by Anonymous Coward · · Score: 0

      This is NOT new, innovative, nor anti competitive . Companies which has had the "agencies" for various products have regularly lost them because they have not met sales targets, this has been in contracts for decades and is common across a range of industries and countries.

      You will even find it in employment contracts where people are expected to meet certain sales targets, manufacturing targets, etc, those that fail loose their jobs.

      We have some companies that stipulate that if you wish to sell our product you can not sell a competitors product, for example how often for you see a Ford/GM dealership selling NEW cars, why does Dell not sell HP, etc. This is common in pharmaceuticals, food, health, clothing, electronics, etc.

      If you understood what you were talking about rather than just being another "I dont like Apple some one should get them" poster then you would not have posted what you said.

  27. Just Like... by Luthair · · Score: 1

    they followed EU warranty laws?

  28. NO CLUE by Anonymous Coward · · Score: 0

    Most of you people commenting are from the USA and have no clue how Europe carriers operate. I am in Austria. I have both an iPhone 5 and a Galaxy S3. I pay 7.50 Euro a month for 1000/1000/1000 and of course in network is free. I pay 7.50 with the second largest carrier in the country and they are throughout all of Europe (Orange). I bought my phones but if I wanted them for free or 1 Euro then I would pay between 20 and 30 Euro per month for the same plan. Carriers here are not bad at all. Apple should not force a minimum sale, this turns the carriers into a sales force for Apple which it should not be.

    Oh and sorry for all you suckers in the US that pay in excess of 100 bucks a month for a mobile plan. Especially those on Verizon who cant use data and voice at the same time.