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EU Fines Qualcomm $1.2 Billion for Paying Apple To Use Its Microchips (apnews.com)

The European Union on Wednesday slapped a $1.23 billion fine on U.S. chipmaker Qualcomm for abusing its market dominance in the lucrative sector of components in smartphones and tablets for half a decade. From a report: EU Commissioner Margrethe Vestager said that San Diego-based Qualcomm "illegally shut out rivals from the market" for more than five years by paying key customer Apple to not use chips made by Qualcomm's rivals. Vestager said Qualcomm paid "billions of dollars" to Apple and in the process helped establish itself as the dominant force.

112 comments

  1. Apple is complicit here by JoeyRox · · Score: 5, Insightful

    It was in Qualcomm's interest to pay Apple billions because it obviously served to discourage the development of a competing designs by Qualcomm's competitors.

    But it also served Apple's interests because getting such good terms meant they would get a parts-cost advantage vs all their smartphone competitors while at the same time assuring those competitors would not have a lower-cost alternative available to them from a Qualcomm competitor.

    Monopolistic synergy.

    1. Re:Apple is complicit here by PPH · · Score: 1

      They just had bad attorneys writing up the agreement. It should be something along the lines of a 'volume discount'. Where the the volume needed for terms to kick in are defines as 100% of a customer's business.

      --
      Have gnu, will travel.
    2. Re:Apple is complicit here by StormReaver · · Score: 2

      But it also served Apple's interests....

      Yes, so I eagerly await the $1.2B fine against Apple for participating in the plot.

    3. Re:Apple is complicit here by ShanghaiBill · · Score: 1

      Where the the volume needed for terms to kick in are defines as 100% of a customer's business.

      That would be illegal. A few twisted words do not make illegal actions acceptable.

      The correct way to do this is to have no written agreement, just a wink and a handshake.

    4. Re:Apple is complicit here by ShanghaiBill · · Score: 3, Insightful

      This is just normal business that we all engage in

      No it isn't. It is NOT illegal to dominate a market. Exclusive agreements are also not illegal. It is the combination of the two that can be illegal.

      Qualcomm was allegedly leveraging their dominant position to completely shut out competitors. This is not something that "we all engage in" because very very few of us dominate an industry.

    5. Re:Apple is complicit here by Zocalo · · Score: 2

      Quite. Every single company ethics training course I have ever done in the EU makes it very clear that both offering *and* accepting a bribe is a huge no-no and that both can carry some very severe penalties if you are caught. Depending on the circumstances, those penalties currently include things like large fines, jail time and forfeiture of any assets paid for using a bribe (including your home) for the individuals involved, plus their employer being barred from government contracts if they were found negligent too. The devil will be in the details of the contracts, but if the EU sees Qualcomm's activities as a bribe under anti-corruption legislation then I wouldn't be surprised if they announce that they are going after Apple as well pretty soon.

      --
      UNIX? They're not even circumcised! Savages!
    6. Re:Apple is complicit here by Anonymous Coward · · Score: 0

      But it also served Apple's interests....

      Yes, so I eagerly await the $1.2B fine against Apple for participating in the plot.

      Why? Apple is not in the dominant position when it comes to the mobile phone market (at least using the metric of units shipped). So how can they reduce competition when they're the underdog?

      (I'm not necessarily defending Apple, it's just that I don't see the logic of going after them. Especially given that Apple is suing Qualcomm as well.)

    7. Re: Apple is complicit here by zilym · · Score: 1

      Intel has over twice the market cap that Qualcomm has, and yet the the EU is fining Qualcomm (the smaller company) for abusing its "dominant" position, preventing competitors from innovating. Intel makes chips that use far more energy, have serious bugs (meltdown, spectre), and intentional backdoors (Intel Management Engine). That ain't innovation in my eyes -- only the gov't sees these things as "innovation," since they are in the business of clandestine spying, sabotage, and taxation.

    8. Re: Apple is complicit here by ShanghaiBill · · Score: 1

      Intel has over twice the market cap that Qualcomm has

      Total market cap is irrelevant. Qualcomm dominates the market for cellular chips. Intel dominates the market for desktop/laptop/server CPUs. Neither can illegally exploit their dominance to lock out competitors or expand their monopolyish power to other markets.

      Intel has been spanked by the courts for abusing the dominance several times. They have paid fines, and agreed to a consent decree to modify their behavior.

    9. Re: Apple is complicit here by Anonymous Coward · · Score: 0

      Intel has been spanked by the courts for abusing the dominance several times. They have paid fines, and agreed to a consent decree to modify their behavior.

      Oh, so scary. Business "punishments" are clearly insufficient becuase big business gets called out again and again for doing the wrong thing.

      If a person steals something they go to jail and get a criminal record that sticks with them the rest of their life. If a business steals billions of dollars (e.g.: AT&T and Comcast making illegal charges on customer bills) they get a slap on the wrist and a stern finger wagging. After years of protracted court battles fines, if they get any at all, amount to 2-5% of 1 year's turnover and are written off as "a cost of doing business."

      Business people need to start getting jail time. If not the C-level executives or board members then maybe shareholders. e.g.: At crunch time all the shareholders go into a publicly drawn paper ticket lottery, one ticket per share, and whomevers ticket gets drawn is the unlucky person that gets to serve jail time and get a criminal record. This appropriately increases the risk for large shareholders. It also discourages people from investing in businesses that have been caught doing the wrong thing in the past, thus putting real world punishments on the business itself.

    10. Re:Apple is complicit here by Carewolf · · Score: 1

      This is just normal business that we all engage in

      No it isn't. It is NOT illegal to dominate a market. Exclusive agreements are also not illegal. It is the combination of the two that can be illegal.

      Qualcomm was allegedly leveraging their dominant position to completely shut out competitors. This is not something that "we all engage in" because very very few of us dominate an industry.

      Some of the other poster here seem to deliberate try engage in dominating the "dumbass industy"

    11. Re:Apple is complicit here by ShanghaiBill · · Score: 1

      Some of the other poster here seem to deliberate try engage in dominating the "dumbass industy"

      That is a very competitive market, with plenty of participants, and very few barriers to entry.

    12. Re:Apple is complicit here by Anonymous Coward · · Score: 0

      How does exclusive agreements benefit humankind? I don't see they benefit us in any way. They should be illegal.

  2. Is that illegal? by Oswald+McWeany · · Score: 2, Insightful

    Is it illegal to "pay to play"? How is Qualcomm paying to be an exclusive provider not just a contract agreement of service? I thought this happens in a lot of industries. How is it different to offering a bulk-discount if you buy x million chips from us? (essentially doing the same thing)

    I know some grocery stores accept money from companies to guarantee certain shelf-space; for example.

    If Qualcomm had paid to guarantee they be used for just 99% of chips supplied would that still be illegal (obviously Apple would just get all from them in that case, because wouldn't make sense to change hardware to allow a second chip for 1% of products).

    --
    "That's the way to do it" - Punch
    1. Re:Is that illegal? by Gaxx · · Score: 5, Informative

      The key, I believe, is that there was an exclusivity clause in the contract. The EU are very wary of such things (with good reason if you believe that monopolizing practices are harmful).

      Now - had the contract been that they would sell X number of chips for a given prices then I suspect that there wouldn't have been a case - whether that X amounted to 100%, 99% or 150% of what Apple used. The problem was that the agreement they reached excluded other manufacturers.

      Exclusivity contracts are one of those things that fall into a bit of a market freedom paradox. In a truly free market then they should be possible (because you can sign a contract for anything, right?) but in being available they curtail market freedom once in place.

      As a proponent of market freedom (or control) you can fall either side on whether they are a good or bad thing.

      --
      -- Gaxx
    2. Re:Is that illegal? by Anonymous Coward · · Score: 1

      Because that's the law. Offering a volume discount for a specific large number of chips is entirely legal. Offering a volume discount for 100% of the business from one large company to the effect that it shuts out all other suppliers is anti-competitive and illegal.

      Some grocery stores do indeed accept money to guarantee certain shelf space - that's entirely legal. Paying to guarantee that a competitor does not get *any* shelf space anywhere, is not.

    3. Re:Is that illegal? by Anonymous Coward · · Score: 0

      It's a fucking bribe. Do people really not recognize corruption anymore?

    4. Re:Is that illegal? by Oswald+McWeany · · Score: 2

      I understand the concern here. Is it different though to say...

      In 007, Die another Day, every car used in the film had to be a Ford or a Ford subsidiary because Ford paid them. Or when Coke or Pepsi make an agreement with a restaurant chain to be their only provider. Or when an event provider agrees to only employ people from a certain staffing agency. Sure, Restaurant X could start buying Pepsi but then face a financial penalty. On the same token Apple COULD start buying Intel, but then face the wrath of Qualcomm who won't pay them (or demand their money back).

      My problem is not that QC being punished for this, it's that, the same thing seems to happen in business all the time, and maybe there is a subtle difference in what Apple/QC did and what Coke/McDonalds or Ford/MGM or any of the others do. It seems a very difficult thing to police without overstepping boundaries. I obviously understand why we want to make sure that competition remains open; it just appears there are some shades of grey here that other company agreements approach.

      --
      "That's the way to do it" - Punch
    5. Re:Is that illegal? by Dog-Cow · · Score: 1

      Since when is a manufacturer choosing a single supplier for a part considered monopoly behavior? Qualcomm was free to sell to others, and others were free to buy from Qualcomm's competitors.

    6. Re:Is that illegal? by alvinrod · · Score: 2

      Did it have anything to do with abuse of monopoly position? There are loads of exclusivity clauses across all manner of product lines, but no one cares if a small company manufacturing purses is selling them exclusively through a single chain of stores. Qualcomm may be a big enough player in that space to constitute a monopoly and therefor face restrictions in the kinds of actions they can engage in.

      The problem with your paradox is that you haven't considered the other end of the argument. If you can't refuse to do business with some market entities then you're not truly free either. Not allowing exclusivity implies that all must be included which curtails market freedom just as much. As a company, I shouldn't be forced to source components from other companies I don't want to, and as a component supplier I shouldn't be forced to supply a manufacturer if I don't want to. The same goes for stores: they shouldn't be forced to stock goods from all suppliers and suppliers should be free to refuse to act as a direct distributor of their product to a given store.

      I don't think exclusivity contracts curtail freedom at all as long as neither party is compelled to enter into the arrangement and as long as customers are still free to choose between multiple end products. Once you have monopolies engaging in this type of behavior I'd argue that it's ultimately harmful to not just the market as a whole, but to one of the companies as well, at least in the long term. In this case, Apple may get a sweet deal now, but if it ultimately stifles competition in that space or drives other companies out of business, Apple has a much weaker position in the future and is more likely to be stuck with higher costs and an inability to get parts from other companies. We saw the other end of this a while back when Apple announced they would be developing their own graphics going forward leaving the company that had previously supplied them in a terrible position since Apple was their largest customer and represented the vast majority of their business.

    7. Re:Is that illegal? by thegarbz · · Score: 2

      The difference will be buried in the details. For example from experience in the restaurant, there is no financial exclusivity deal. What there is is a breach of contract deal. You're more than welcome to start stocking Pepsi. But Coke will not let you put it in their fridge (those fridges are leased by the way), and will very likely terminate the contract with you causing quite a bit of grief. This is very different from "here's money, don't buy anything from Pepsi"

      The other big difference is that exclusivity contracts aren't by themselves illegal. If Coke made a similar contract with some restaurant where they paid you to not stock any Pepsi products it in itself would not be illegal as they aren't a monopoly. Now if they went into Germany and paid someone to not stock Fritz Kola all of a sudden you may find yourself running afoul of antitrust laws.

      The key thing here Qualcomm was fined for "abuse of market dominance".

    8. Re:Is that illegal? by thegarbz · · Score: 1

      Is it illegal to "pay to play"?

      No. It's illegal to abuse a position of a monopoly. Depending on your current market situation, who you're doing business with and who it affects, all of the things you listed can be considered illegal for the same reason.

    9. Re:Is that illegal? by war4peace · · Score: 1

      In 007, Die another Day, every car used in the film had to be a Ford or a Ford subsidiary because Ford paid them.

      Ford isn't a dominant player in the market, also the contract was for ONE movie only.
      If Ford would have owned 80% of the car market and signed a contract that said "all 007 movies from now to Kingdom Come would only feature Ford cars" - that would have been ruled illegal.

      Or when Coke or Pepsi make an agreement with a restaurant chain to be their only provider.

      Coke and a restaurant chain of 10 locations could have this agreement. Coke and McDonald's couldn't.
      We're talking about two dominant players agreeing to stop competition.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    10. Re:Is that illegal? by angel'o'sphere · · Score: 2

      Actually most German 'pubs' have franchise like contracts regarding drinks.
      E.g. bars that serve Fritz Cola will onnly serve that, and no other Cola.
      And as Frizt also sells many fruit juices, the contracts usually forbid you to have any product on menu from a different brand, when you could get it from Fritz. E.g. Orange Soda (Orangensaftschorle).

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    11. Re:Is that illegal? by angel'o'sphere · · Score: 2

      But coke and McDonald's have exactly that agreement.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    12. Re:Is that illegal? by thegarbz · · Score: 1

      Agreed. But Frizt being the underdog is unable to abuse a dominant market position. It's a strange dichotomy where what is illegal for one may not be illegal for another.

    13. Re:Is that illegal? by angel'o'sphere · · Score: 1

      Exclusive contracts would not be illegal for anyone.
      The article is about 'bribing' Apple, by spending extra money money to Apple.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    14. Re: Is that illegal? by Anonymous Coward · · Score: 0

      Burger King and Pepsi have an agreement.

    15. Re:Is that illegal? by Gaxx · · Score: 1

      Ah yes. Sorry - I was kind of assuming the dominant position without stating it.

      So let me elucidate a little further with that made (hopefully) clearer. Qualcomm was in a market-dominant position at the time and cut an exclusivity deal with Apple that pretty much guaranteed that they would remain in a fairly dominant position as a result. It's not a _complete_ monopoly unless they managed to get a similar deal with other manufacturers but certainly significant enough to make it far less likely that anyone else would be in a position to invest in research to be able to enter the marketplace. The position of dominance is being leveraged through the exclusivity clauses in the contract. Whether or not apple are damaged by that, it does damage the marketplace as a whole. It stifles investment in new technology because once a dominant company know that they can maintain that dominance through contractual elements, they no longer need to be technologically innovative.

      Consumer choice is kind of meaningless in this context. I'm not sure anyone is picking a phone based upon the manufacturer of the baseband chip.

      --
      -- Gaxx
    16. Re:Is that illegal? by thegarbz · · Score: 1

      Exclusive contracts would not be illegal for anyone.

      Except they become illegal as soon as it is done as an abuse of market position. Lookup "anti-trust laws". A lot of non-illegal things can suddenly be illegal. Even deciding to sell a product at a loss can be illegal without ever actually involving a third party.

    17. Re:Is that illegal? by Anonymous Coward · · Score: 0

      If you're being sold into slavery, that too is a freedom thing: you are "free" to be sold into slavery. Your complete bollocks is no different. Rights come with responsibilities and if you have power, you are beholden to use it responsibly. Those who don't we remove violently. Ask Saddam. His crime was not a crime because he made it legal. But we saw it as an abuse of his power, so we invaded and killed him.

    18. Re:Is that illegal? by david_thornley · · Score: 1

      Sure. Coke doesn't dominate the soft drink industry. McDonald's, while a large part of the soft drink market, isn't dominant either. Burger King is of comparable importance and has a contract with Pepsi. There's a large market out there, including some vending machines in our building. So, nobody cares. Another company could enter the soft drink field and compete in various ways.

      However, if Coke was the dominant supplier, we'd want other companies to have the ability to supplant its position. Permanent monopoly positions are almost always bad. So, Joe tries to enter the market with Joe's Soft Drinks. If Joe can't offer competitive prices, that's too bad for Joe. If Joe can offer quality products at competitive prices, we want Joe to be able to compete in the market. If McDonald's is buying Coke products because they like Coke's offerings and the price is good, then Joe can attempt to offer better soft drinks at lower prices, and undercut the market. If McDonald's has an exclusivity agreement, then Joe can't.

      So, it's all about whether Joe gets a fair shake in the market or not.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:Is that illegal? by angel'o'sphere · · Score: 1

      Sorry,
      Joe can't because McDonalds and Coke went into a mutual agreement.
      That has nothing to do with the /. article, nor if either of them dominates the market.
      No one prevents Joe from selling in the next best super market, via Amazzon, or what ever.

      So, it's all about whether Joe gets a fair shake in the market or not.
      And how does an excclusive deal betwenn C and M prevent that? M is not the market ... it is only one company/partner/customer in the market.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  3. Nice bribe by Quakeulf · · Score: 1, Interesting

    If this lump sum of money isn't going to help the others in the tech industry it's just a bribe for them to keep doing what they're already doing.

    1. Re:Nice bribe by AmiMoJo · · Score: 3

      Except that they are not allowed to continue doing it. If they do, there will be another bigger fine, and so on util they go bankrupt or stop.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Nice bribe by Anonymous Coward · · Score: 1

      People who claim that EU just is trying to get free money tends to ignore that fines like this often comes with a warning first.

      The goal isn't to fine them. The goal is to make them stop.
      The fine is just a method to accomplish the goal.
      If it doesn't help you either increase the fine or throw them in jail.

      Many times the fines aren't large enough and the company just sees it as the cost of doing business.
      The correct response isn't to fine them again with the same amount.
      In a situation like that you need to show them that they made the wrong choice.

    3. Re:Nice bribe by Quakeulf · · Score: 1

      Where is the money stored? In a bank.

      What do banks do? Give loans.

      Who gets a loan? Apple.

      Who bails out the banks after they go bankrupt from lending? The Government.

    4. Re:Nice bribe by Quakeulf · · Score: 1

      They're not going to stop until the relevant people are in jail.

    5. Re:Nice bribe by war4peace · · Score: 1

      ...or all the money changed pockets. Whichever comes first.
      I personally would rather see them broke than in jail for a couple years then back out, just as rich as they went in.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    6. Re:Nice bribe by Anonymous Coward · · Score: 0

      So fuck it then... never do anything about anything.

      You're a twat.

    7. Re:Nice bribe by HiThere · · Score: 1

      Who prints the money in the first place? The Government.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. EU skimming money again by Anonymous Coward · · Score: 0, Insightful

    So what harm really occurs to consumers when Qualcomm effectively sells its parts for low prices to Apple who then -- at least theoretically -- can pass the savings on to consumers? Now, I'm not saying Apple did pass the savings on to consumers, but that's out of Qualcomm's control.

    The only people really harmed were Qualcomm's shareholders since Qualcomm was ostensibly losing profits vs. selling all these chips at full price.

    This is once again the EU bureaucrats skimming money from non-EU companies with emotionalistic BIG IS BAD rhetoric.

    Oh, and one more thing: If it's the end of the world that Apple won't sell you an iPhone with a non-Qualcomm modem, where the hell is the $100 Billion fine for Apple excluding Samsung, Mediatek, Intel, AMD, Nvidia, etc. from supplying the main SoC chips for every freakin' iPhone being sold?

    1. Re:EU skimming money again by Jon+Peterson · · Score: 1

      Well, The FTC is looking at Qualcomm and South Korea and China have also fined them for breaking rules on anti-competitive behaviour.

      If you want to trade in the EU, read the rules and stick to them or get fined. Don't like the rules? Don't have to sell there.

      The actual issue is that qualcom is cementing a market dominant position. If a tiny start up had agreed an exclusivity deal with Apple, that would not have broken the rules.

      --
      ----- .sig: file not found
    2. Re:EU skimming money again by Anonymous Coward · · Score: 0

      Really?

      I was working for a competitor and we were pitching our product to Apple. Turns out, we never had a chance, Apple dropped us from their short-list and we had a large round of lay-offs.

      Jobs were lost, including mine, so saying this didn't harm anybody else than shareholders is very short sighted.

    3. Re:EU skimming money again by Anonymous Coward · · Score: 0

      You don't have a right to have a job because Apple is big, and it's ironic that Qualcomm is taking the fall for Apple getting a good deal here.

      What about an AMD employee who lost a job since Apple theoretically never gave AMD a chance to design the SoC used in every iPhone? Doesn't that employee have just as much of a right to be paid by Apple for the non-existent opportunity to have AMD chips in every iPhone?

  5. Paying fines is good.... by Master5000 · · Score: 1, Informative

    Throwing the asshole executives (all of them in big companies) who only see short term profits in jail for at least 20 years is better. Let's be real, it's not gonna be the upper management who pays for this, but the lower ranks.

    1. Re:Paying fines is good.... by Anonymous Coward · · Score: 0

      Typically a problem if they don't live in EU.

      The $1.2 billion fine will probably make them behave.
      If they disregard it as the cost of doing business; multiply it with 10 and repeat.

      At some point the layoffs will mean that they no longer are in a dominant position.

  6. Re:What is wrong with this? by Anonymous Coward · · Score: 1

    Paying customers not to use a competitor's products is illegal when you have a dominant market position.

  7. The EU sure loves to fine American companies by Anonymous Coward · · Score: 0

    But their motives are pure, definitely not a case of preening protectionism.

    1. Re:The EU sure loves to fine American companies by jabuzz · · Score: 3, Insightful

      They quite happily fine EU companies too. Though one suspects that EU companies are more aware what practices are illegal in the EU and are thus less likely to break them and consequently less likely to be fined. However Qualcomm are a multi billion dollar company operating globally, it is not unreasonable to expect them to be aware that what they where doing was illegal in what is the largest single market in the world, and I am not going to cry when they get fined for breaking the law.

    2. Re:The EU sure loves to fine American companies by Anonymous Coward · · Score: 0

      They have fined many more European than American companies. Unlike the US, they treat domestic and foreign companies equally in comparable cases.

    3. Re:The EU sure loves to fine American companies by Carewolf · · Score: 1

      They quite happily fine EU companies too. Though one suspects that EU companies are more aware what practices are illegal in the EU and are thus less likely to break them and consequently less likely to be fined. However Qualcomm are a multi billion dollar company operating globally, it is not unreasonable to expect them to be aware that what they where doing was illegal in what is the largest single market in the world, and I am not going to cry when they get fined for breaking the law.

      You would be wrong. All the biggest fines have been awarded to EU companies. It just dont seem to hit US media when EU companies gets huge fines from the EU.

  8. Patents? by Anonymous Coward · · Score: 3, Interesting

    Qualcomm will just file this under their expenses along with costs of labour, real estate, vendors and all other business expenses.

    Their market position they gained from this behaviour is worth far more than 1.2 billion in the long run.

    They should be forced to relinquish their patents in order to allow real competition to grow.

    1. Re:Patents? by romiz · · Score: 1

      Reportedly, Qualcomm used to file patents to cover only a part of the features of their hardware. The rest was kept as trade secret. As a result, the competitors still needed to pay the patent licenses for Qualcomm IP, but the missing info prevented them to produce competitive components easily.

      This is why choosing WCDMA for 3G destroyed Qualcomm's European competitors. In the end, It worked so well that Qualcomm folded its own 3GPP2 organisation, because the supposedly rival 3GPP standards were much more lucrative.

    2. Re: Patents? by Brockmire · · Score: 1

      Citation? My understanding is that the patent for Viagra was invalidated because they left out the secret sauce to prevent generic copies. So what you're suggesting would invalidate the patent, not reinforce it.

    3. Re: Patents? by romiz · · Score: 1

      No reliable source on the topic, sorry. But it is quite possible to patent the principles of CDMA - using orthogonal codes to provide multiple users access to the same frequency band - without patenting the technical means to do it with a good power efficiency. If those methods are hard to detect through reverse engineering, it may be a good idea to keep them secret.

      I believe that it is not a coincidence that when WCDMA was introduced, one big complaint from early adopters was the very short standby time compared with 2G only models.

  9. Stupid socialists by houghi · · Score: 2

    This was just a decision that was for the people made by the people.

    Americans will find that attitude very un-American.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Stupid socialists by Anonymous Coward · · Score: 0

      How exactly? And how are liberals involved?

    2. Re:Stupid socialists by Anonymous Coward · · Score: 0

      Yeah it's very un-American... In a good way.
      Just look at AT&T and Comcast and you'll understand why even though the "american way" is rather good it still has serious downsides aswell.

  10. Re:No authority by Anonymous Coward · · Score: 1

    If you want to do business in the EU, you have to abide by EU law. It's that simple.

  11. Re:What is wrong with this? by ReeceTarbert · · Score: 4, Insightful

    I'm sorry, but I'm really struggling to figure out how this is wrong.

    What part of "paying key customer Apple to not use chips made by Qualcomm's rivals" you didn't get?

    Hint: it's not about "discounts" and it's not about beating the competition with a better product; it's about abusing your market dominance to prevent rivals from even competing in the market.

    Or is competition good only when it fits your narrative?

    RT.

  12. Re:No authority by Oswald+McWeany · · Score: 3, Insightful

    The EU has no authority in the U.S.

    It's normal business for a company to give a big discount to use their product. if the payout took place in the U.S. there is nothing the E.U. can do about it.

    I would never pay their fine.

    The EU absolutely has authority over what companies that operate within the EU do. There are many-many cases where the US has passed punitive measures against companies not based in the US too. This isn't something only the EU does.

    --
    "That's the way to do it" - Punch
  13. Re:What is wrong with this? by LynnwoodRooster · · Score: 1

    Is there an actual contract somewhere that says "we will pay you $OBSCENEAMOUNT if you do not use chips from vendor N", or was that inferred because there was a contract that said something like "we will give you $OBSCENEAMOUNT to use our chips exclusively"? Functionally, I admit - same result. However, the former I would agree would be illegal, the latter would be quite typical in just about every industry since Thag started making pointy sticks for Ug.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  14. Re:No authority by Anonymous Coward · · Score: 1

    In fact, the US even does it when the activity was not in US jurisdiction and did not affect operations in the US in any way. The EU does not.

  15. How is this different than a customer discount? by goombah99 · · Score: 2

    It's a strange way of say that apple paid less than the full amount. Perhaps there is something in european law that forbids a discount to a customer, making the mechanism of giving a discount to a customer illegal. But surely, discounting for a large customer is in general legal???

    I could imagine some possible conditions that might matter. Qualcom owns many of the standards it's parts implement. In come cases it licences those via FRAND rules in return for the adoption of proprietary methods as the standard. And it may well be that under FRAND one is not allowed to charge one customer more than another. In that case, for the portion of the chips value attributable to the licensed algorithms, they could not discount it to apple. But there's the actual chip itself too. that has some value and they could discount that.

    So I'm really puzzled why this is not normal bussiness

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:How is this different than a customer discount? by JoeyRox · · Score: 3, Insightful

      Qualcomm's provision for exclusivity in exchange for the discount is what is anti-competitive, not the discount itself.

    2. Re:How is this different than a customer discount? by goombah99 · · Score: 1

      why is that anti-competitive? could other's not offer similar discounts for loyatly too? that is price competition.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:How is this different than a customer discount? by ewibble · · Score: 1

      It is about size, Qualcom dominates the market therefore it is bound not to operate in an anti-competitive way that blocks smaller players from entering the market.

      Just like if two small business merge no one cares. However if 2 large companies merge, say google and apple then they would require government approval.

    4. Re:How is this different than a customer discount? by Anonymous Coward · · Score: 0

      Qualcom does not have a monopoly. Ask samsung or Broadcomn or NVIDIA.

    5. Re:How is this different than a customer discount? by Agripa · · Score: 1

      It's a strange way of say that apple paid less than the full amount. Perhaps there is something in european law that forbids a discount to a customer, making the mechanism of giving a discount to a customer illegal. But surely, discounting for a large customer is in general legal???

      Volume or other discounts are not unlawful but tying them to not using your competitor's products is if you have a dominant market position. This is what Intel did to AMD when they were producing the Pentium4 and AMD introduced the better performing Athlon64. Intel ordered its customers not to use AMD's products.

  16. Re: How is this different than a customer discount by Anonymous Coward · · Score: 0

    Nobody said the money back was applied to the price per unit. If the money went into someone's pocket, that's just bribery

  17. Wait I thought Apple was paying to much? by reg · · Score: 1

    Didn't Apple sue Qualcomm because they were over charging? But now we find they were getting a discount... Sometimes I wonder how the accountants and lawyers at these big companies can be so bad at their jobs and still get paid a fortune! Qualcomm should have waived the royalties, as long as Apple didn't "use any other product that was using Qualcomm IP without a license"...

  18. I still don't understand this. by Anonymous Coward · · Score: 0

    Did Qualcomm give Apple the chips AND pay them money on top of that that? Because all they had to do was simply give a lower price instead of getting paid, then giving money back.

    1. Re:I still don't understand this. by ShanghaiBill · · Score: 1

      Because all they had to do was simply give a lower price instead of getting paid, then giving money back.

      Nonsense. If they had just offered Apple a lower price, that would have been legal. But they gave those lower prices with an explicit agreement that Apple would buy only from them. That is also NOT illegal in general, but it is illegal for a company that dominates its market.

      When you have a monopoly, or near monopoly, then different rules apply.

  19. how does that work tho? by bobmajdakjr · · Score: 1

    if they paid apple rather than apple paying them, what does it matter if their chips dominate if they paid rather than got paid? how do they pay their bills then? capitalism is weird.

    1. Re: how does that work tho? by Anonymous Coward · · Score: 0

      Thy PAID Apple to not use competitor chips. How are you people not understanding this.

  20. so apple was getting paid to use those chips? by Anonymous Coward · · Score: 0

    how is that sustainable at this scale?

  21. Re:What is wrong with this? by war4peace · · Score: 1

    It's the same thing IF the party making the proposal is already dominating the market.
    A small player can't offer this kind of deal simply because they can't produce the volume of goods required by the other contract party (e.g., Apple). A big player isn't allowed to offer this kind of deal because they would shun competition through size alone. If regulatory bodies allow this, it would guarantee monopolies remain monopolies forever.

    --
    ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
  22. Phew! by Mr_Silver · · Score: 1

    My Dell XPS 13 nagged me last night to update the BIOS and I declined on the basis I wanted to go to bed and not wait around to see it finish.

    (I'm not brave enough to kick off a BIOS update and then leave the laptop alone for 8 hours)

    Appears I dodged a bullet there.

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
  23. Re:No authority by angel'o'sphere · · Score: 1

    But ... it was not a discount.
    It was a bribe.

    If you don't pay, they seize your property ... good luck.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  24. Translation by Anonymous Coward · · Score: 1

    EU says, "You have money, we want it.".

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

      A bit like the US and VW, then.

  25. Qualcomm has always been shady! by Anonymous Coward · · Score: 0

    In the late nineties I work for an RF IC manufacturer. Qualcomm asked for a custom CDMA power amp design.... Then they asked to see the IC schematic. Then they asked to see the IC layout. Then they mysteriously came out with their own CDMA power amp that was identical to the one we designed.
    Some might say our company was stupid and naive to show them everything, and maybe that's true. But the behavior fits right along with this story and many others about them.

  26. Re:Friggin commies by Computershack · · Score: 3, Insightful

    Yeah such a shithole - worlds richest economy and manages to give free healthcare, free university education in most member states, a minimum 20 days paid annual leave and many many other rights to every single one of its citizens that the USA doesn't.

    --
    I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
  27. Smells like a shakedown. by Anonymous Coward · · Score: 0

    I don't understand how this is illegal - especially with a US company, dealing with another US company, and outside of the EU. How can they possibly enforce and collect such a fine?

    Did Qualcomm pay Apple to not buy other chips, or did the just give Apple a really, really good price based on a committed sell through? Or did they kick Apple rebates based on purchase targets, which is also very common and not illegal.

    Sorry EU, the "it's not fair" does not cut it. And you wonder why Brexit is happening.

    1. Re:Smells like a shakedown. by Anonymous Coward · · Score: 0

      Just make sure you don't mistakenly read any fact of the case.

  28. So getting a good price is a crime? by Anonymous Coward · · Score: 0

    If Qualcomm offers a fantastic price to be sole supplier, isn't that just good business? I see that in fast food joints all the time. What is so different here?

    1. Re:So getting a good price is a crime? by Agripa · · Score: 1

      If Qualcomm offers a fantastic price to be sole supplier, isn't that just good business? I see that in fast food joints all the time. What is so different here?

      The difference was a contract term forbidding Apple from using parts from Qualcomm's competitors. This is no different than what Intel did by paying customers not to use AMD processors.

  29. So getting a good price is a crime? RE-EDIT by Anonymous Coward · · Score: 0

    I meant to post:

    So if Qualcomm offers a fantastic price to be a sole supplier, isn't that simply good business on Apple's part to accept it? How is getting the part for lowest price a "crime"? Why should Apple be forced to use multiple vendors for the same part, AND pay a higher price? Fast food restaurants do that all the time, most notably for beverages.

    1. Re:So getting a good price is a crime? RE-EDIT by Zocalo · · Score: 1

      The difference here seems to be the corruption angle; the EU is claiming that Qualcomm abused its position to lock out other vendors by sweetening the pot with cash, which is completely different from Apple approaching potential vendors in a kind of tender to see who offers the best bang for their buck then signing an exclusive supply deal as a result. Offering 100m chips at $1 each as a sole supplier is legal; offering 100m chips at $1.10 each plus $10m in cash to *be* the sole supplier is not - even though the total exchange (100m chips vs. $100m) is the same in both cases. My take is that if the EU just thought that Qualcomm was abusing their dominant market position then Apple may be able to get off the hook as being just another Qualcomm customer, but if they're pushing the corruption angle then the law on that is very clear; both offering and accepting a bribe are against the law and will be prosecuted - and Apple should have been *well* aware of the cash in hand / kickback part of the legislation.

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:So getting a good price is a crime? RE-EDIT by Agripa · · Score: 1

      So if Qualcomm offers a fantastic price to be a sole supplier, isn't that simply good business on Apple's part to accept it? How is getting the part for lowest price a "crime"? Why should Apple be forced to use multiple vendors for the same part, AND pay a higher price? Fast food restaurants do that all the time, most notably for beverages.

      Getting the part for the lowest price by itself was not a crime and Apple would not otherwise have been forced to use other vendors. The crime was being forbidden to use other vendors.

  30. Re:Friggin commies by Anonymous Coward · · Score: 0

    Why not go shoot yourself with one of your many guns? Or get the police to do it for you, Either way, it's all good. Ameriduh!

  31. But what if Apple wants that? by Anonymous Coward · · Score: 0

    What if they could get a price that was equivalent to 20% of typical market rates, in exchange for Qualcomm asking to be exclusive? How could Apple be guilty of being complicit? Isn't it Apple's duty in being profitable to pay the lowest price possible for parts?

    Fast food does this all time (and even touts it in advertising), most notably with beverages. No one is going after Pepsi for being the exclusive drink at Pizza Hut.

  32. Apple just as guilty? by Stan92057 · · Score: 1

    Wouldn't apple be just as guilty for excepting such an agreement knowing its against the eu laws? seems to me both party colluded.

    --
    Jack of all trades,master of none
  33. Now if they will do the same for Intel by Anonymous Coward · · Score: 0

    It's only fair.

    1. Re:Now if they will do the same for Intel by Anonymous Coward · · Score: 0

      And Apple too, to be fair.

  34. 8 hours for a BIOS update? by Anonymous Coward · · Score: 0

    Where is this snowflake unicorn laptop of yours located, the Voyager space craft? Because anyone who takes 8 hours for a BIOS update sucks at life, and should immediately travel to Denmark for euthanasia.

    1. Re:8 hours for a BIOS update? by Mr_Silver · · Score: 1

      The 8 hours is the time I got to sleep for, not the time the BIOS takes to update.

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
  35. Re: How is this different than a customer discount by Anonymous Coward · · Score: 0

    What?

  36. Re:Friggin commies by Anonymous Coward · · Score: 0

    and your mom's a whore

  37. Re:Friggin commies by Anonymous Coward · · Score: 0

    "Free healthcare"? It's not free, it's paid either through taxes or through private insurance. I pay in excess of 500 euros per month for it and taxes eat 65% of my income. Europe is not a shithole but it's not paradise either. Unless you love bureaucracy in which case you would love it here.

  38. Apple best negotiators everrr by Brockmire · · Score: 1

    Getting paid billions for shit they'd be doing anyway (Google search default, Qualcomm devices) and making the other side feel like they're getting a deal.

  39. Re:No authority by HiThere · · Score: 1

    If you assert that corruption is normal, I'm not in possession of facts to deny you. That doesn't keep it from being corruption. And doing reasonable things to stop it is entirely reasonable. (But they need to slap Apple's wrists, too.) It's my suspicion that this won't be sufficient to stop them, so they'll probably need to repeat it with an increased fine...say, 75% of the profits from now on until they stop the practice. Of course, they could avoid the fines by just not doing business in the EU, but I doubt they'd find that an attractive option. And if 75% of the profits isn't enough, use that money to subsidize local competition. (This wouldn't work for a small country, but I think the EU is large enough to handle it.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  40. Re:What is wrong with this? by Anonymous Coward · · Score: 0

    Congratulations RT. You took once sentence out of context and played it up for snark and an insult.

    Or is snark and insult only good when it fits your narrative?

    JS

  41. So you're an ignorant asshole. Got it. by Anonymous Coward · · Score: 0

    It's free. You don't pay for it. It doesn't come from your money, since you don't get that, it comes out of taxes you never get. and fuckwits like you pay twice as much for less. Don't like paying taxes? Fuck off to somalia, you ignorant fucker.