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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.

20 of 112 comments (clear)

  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 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.

    2. 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.

    3. 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!
  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 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
    3. 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.

    4. 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".

    5. 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.
    6. 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.
  3. 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.

  4. 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.
  5. 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
  6. 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.

  7. 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.

  8. 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
  9. 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.

  10. 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.

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