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Gary Edwards

As Microsoft's monopoly crumbles, its mobile future is crucial | ZDNet - 1 views

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    Good charts based on Net Market Share Stats.... excerpt: After nearly a decade, Microsoft's reign as a monopoly is over. The consent decree in U.S. v. Microsoft expired last month, officially removing Microsoft from antitrust scrutiny by the United States Department of Justice. And the latest real-world data on web usage confirms that Microsoft's once-dominant position in the world of personal computing is crumbling. For the past four years, I've collected semi-annual snapshots of web usage from Net Market Share. The data for the first half of 2011 tell an ominous story for Microsoft. See for yourself:
Paul Merrell

UPDATE 2-US Justice Dept opens IBM antitrust probe-trade group | Markets | Markets News... - 1 views

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    The U.S. Justice Department has opened an investigation into allegations that International Business Machines (IBM.N) abused its dominance of the mainframe business, said Computer and Communications Industry Association chairman Ed Black.
Paul Merrell

AT&T Centennial Purchase Cleared by Antitrust Agency (Update1) - Bloomberg.com - 0 views

  • AT&T Inc.’s purchase of Centennial Communications Corp. was approved by the U.S. Justice Department on condition the combined company sells wireless assets in Louisiana and Mississippi. AT&T, based in Dallas, agreed to purchase Wall, New Jersey-based Centennial last November for $945 million. Centennial has wireless customers in Puerto Rico and rural areas in the Midwest and Southeast.
  • The deal still awaits approval by the Federal Communications Commission. Ruth Milkman, who heads the FCC’s wireless bureau, told a news conference today the agency will make a decision on the combination “very soon.” The Justice Department said it has cooperated with the FCC in reviewing the deal.
  • In recent months, the FCC has been asking the companies about their connections to America Movil, which has customers in Puerto Rico. AT&T and Centennial could have 49 percent of the mobile market in Puerto Rico by the end of 2009, and America Movil’s Claro could have 27 percent, according to an estimate by Jose Magana, a Cambridge, Massachusetts-based analyst with Pyramid Research.
Paul Merrell

US Justice Dept probing company recruiting-source | Industries | Technology, Media & Te... - 0 views

  • WASHINGTON, June 3 (Reuters) - The U.S. Justice Department is investigating a possible no talent-poaching pact by big tech businesses, a tech industry source with direct knowledge of the matter told Reuters on Wednesday.
  • Genentech said it was cooperating with the probe.
  • A Google spokesman confirmed that the search engine giant had been contacted and was cooperating but had no further comment.
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  • "My sense of it is that there are as many as a dozen companies that have been sent CIDs (civil investigative demands)," the source said, referring to requests for information sent out as part of a formal probe. "There's an open question of who are the other companies."
  • The Justice Department is also looking at Google's deal to digitize millions of books, and the U.S. Federal Trade Commission, which also has antitrust responsibilities, has a probe into Google and Apple Inc's overlapping board members.
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    More details on the new DoJ investigation, including confirmations from Google and Genentech.
Paul Merrell

Microsoft offers Office 2010 file format 'ballot' to stop EU antitrust probe - 0 views

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    Microsoft's proposed undertaking for resolving the ECIS complaint to the European Commission regarding its office productivity software can be downloaded from this linked web page. I've given it a quick skim. Didn't see anything in it for anyone but competing big vendors. E.g., no profiling of data formats for interop of less and more featureful implementations, no round-tripping provisions. Still, some major concessions offered.
Paul Merrell

Microsoft Is Said to Be in Talks to Settle EU Cases (Update2) - Bloomberg.com - 0 views

  • Microsoft Corp., which has been fined 1.68 billion euros ($2.34 billion) in European Union antitrust cases, is in preliminary talks to settle two additional probes before EU Competition Commissioner Neelie Kroes leaves office, four people familiar with the negotiations said. Any agreement would have to resolve a case over Microsoft’s Internet browser as well as a separate investigation into word processing and spreadsheet software, said the people, who declined to be identified because the talks are confidential.
  • The commission has said it is considering forcing the Redmond, Washington-based company to offer consumers a choice of browsers when setting up a new personal computer on a so-called ballot screen. Microsoft responded by saying it would ship Windows 7 operating-system software without Internet Explorer to avoid breaking EU law.
Paul Merrell

Report: Verizon Claimed Public Utility Status To Get Government Perks - Slashdot - 0 views

  • Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II. Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"
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    Let's also not forget that what is now named "Verizon" used to be named Bell Atlantic, one of the seven Baby Bells that were spun off by AT&T by government order during antitrust proceedings.  In other words, this is one of the companies rate-payers financed through a heavily-regulated analog telephony absolute monopoly. But Verizon wants to spread its wings and escape the chains of regulation as a telecommunications carrier. While having its cake and eating it to, according to this article. The FCC has poised itself through a proposed rule with the flexibility to postpone a decision on net neutrality.  AT&T famously was allowed to keep its R&D arm while being freed of the expense of upgrading the U.S. telephony network from analog to digital and from copper wire to fibre optic.  And pay for those Baby Bells to make that transition we did. I remember monthly bills for a two person office running as high as $1,100 a month for calls all carried from Baby Bell to AT&T and back to another Baby Bell. All at state-regulated rates with FCC looking the other way. But now Verizon, Comcast (the originally munipally regulated cable television monopolies) and the few other "competing" survivors of that broadband rollout, having had their infrastructure paid for by the ratepayers, want to fly off and begin charging us at the other end of the pipe,via charges to content providers that will be passed on to us. Leading to the squeezing out of Mom and Pop internet businesses by the big content providers that can afford the charges and pass them on to us. This is looking more and more like another massive rip-off of the customers who already paid for that infrasture. Is that banksters I smell, privatizing a enormous public utility in the name of free markets?      
Paul Merrell

48 States Investigating Whether Google's Dominance Hurts Competition : NPR - 0 views

  • State attorneys general of 48 states, Puerto Rico and the District of Columbia announced a major probe Monday into Google's dominance in search and advertising for practices that harm competition as well as consumers. Texas Attorney General Ken Paxton is leading the bipartisan pack.
  • The investigation includes all the states, except for California and Alabama.
  • Google has the power to put a user on page 1 or 100. European regulators have charged Google with abusing that power and, following years-long investigations, they issued multi-billion-dollar fines. The tech giant, along with Facebook, controls nearly 60% of all digital advertising, according to eMarketer. A wide range of businesses that must publicize their services — be it a hair stylist, a hospital or a Fortune 500 company — must abide by the terms and prices set by two companies. But, as eMarketer notes, the duopoly's control is diminishing as Amazon grows.
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  • Last week Google disclosed that, in addition to state-level government action, the Justice Department has asked the company to hand over documents.
  • Led by New York, attorneys general from eight states and the District of Columbia announced a probe into Facebook as well.
Paul Merrell

Facebook probe by U.S. states expands to 47 attorneys general - Reuters - 0 views

  • A New York-led probe into allegations that Facebook Inc put consumer data at risk and pushed up advertising rates has expanded to include attorneys general from 47 U.S. states and territories, New York Attorney General Letitia James said in a statement on Tuesday.
  • The investigation of Facebook announced in September had included Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee and the District of Columbia. It now includes most U.S. states as well as the U.S. territory of Guam.
  • Some states, particularly New York and Nebraska, have raised concerns that Facebook and other big tech companies engage in anti-competitive practices, expose consumer data to potential data theft and push up advertising prices.
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  • The Facebook investigations are part of a larger landscape of probes of big tech firms. Reuters and others reported in June that the Justice Department and FTC had divided responsibility for the companies being investigated, with the Justice Department taking on Alphabet Inc’s Google and Apple Inc while the FTC looked into Facebook and Amazon.com Inc. The Justice Department later said it was opening a probe of online platforms, which would include Facebook.
Paul Merrell

U.S. vs. Facebook: A Playbook for SEC, DOJ and EDNY - 0 views

  • Six4Three recently published a playbook for the FTC to get to the bottom of Facebook’s secretive deals selling user data without privacy controls. In light of The New York Times article reporting multiple criminal investigations into Facebook surrounding these secretive deals, we’re publishing the playbook for criminal investigators.Perhaps the most important recognition at the outset is that the secretive deals that have been reported, whether those with a handful of device manufacturers or with 150 large technology companies, are just the tip of the iceberg. Those secretive deals handing over user data in exchange for gobs of cash were merely part and parcel of a much broader illegal scheme that begins with Facebook’s transition to mobile in 2012 and continues to this very day. We believe this illegal scheme amounts to a clear RICO violation. The United Kingdom Parliament agrees. Here’s how criminal investigators can overcome Facebook’s incredibly effective concealment campaign and bring a viable RICO case.Facebook’s pattern of racketeering activity is a play in three acts from at least 2012 to present. The first act is all about the desperation resulting from the collapse of Facebook’s desktop advertising business right around its IPO and the various securities violations that resulted. The second act is about covering up those securities violations by illegally building its mobile advertising business via extortion and wire fraud in order to close the gap in Facebook’s revenue projections before the world took notice, which likely resulted in additional securities violations. The third act is about covering up the extortion and wire fraud by lying to government officials investigating Facebook while continuing to effectuate the scheme. We are still in the third act.For almost a decade now Facebook has been covering up one illegal act with another in order to hide how it managed to ramp up its mobile advertising business faster than any other business in the history of capitalism. The abuses of Facebook’s data, from Russian interference in the 2016 election to Cambridge Analytica and Brexit, all stem in substantial part from the decisions Facebook knowingly, willfully and maliciously made to facilitate this criminal conspiracy. Put simply, Facebook’s transition to mobile destabilized the world.
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    This is so reminiscent of Microsoft tactics at the point that antitrust regulators stepped in.
Paul Merrell

Time to 'Break Facebook Up,' Sanders Says After Leaked Docs Show Social Media Giant 'Tr... - 0 views

  • After NBC News on Wednesday published a trove of leaked documents that show how Facebook "treated user data as a bargaining chip with external app developers," White House hopeful Sen. Bernie Sanders declared that it is time "to break Facebook up."
  • When British investigative journalist Duncan Campbell first shared the trove of documents with a handful of media outlets including NBC News in April, journalists Olivia Solon and Cyrus Farivar reported that "Facebook CEO Mark Zuckerberg oversaw plans to consolidate the social network's power and control competitors by treating its users' data as a bargaining chip, while publicly proclaiming to be protecting that data." With the publication Wednesday of nearly 7,000 pages of records—which include internal Facebook emails, web chats, notes, presentations, and spreadsheets—journalists and the public can now have a closer look at exactly how the company was using the vast amount of data it collects when it came to bargaining with third parties.
  • According to Solon and Farivar of NBC: Taken together, they show how Zuckerberg, along with his board and management team, found ways to tap Facebook users' data—including information about friends, relationships, and photos—as leverage over the companies it partnered with. In some cases, Facebook would reward partners by giving them preferential access to certain types of user data while denying the same access to rival companies. For example, Facebook gave Amazon special access to user data because it was spending money on Facebook advertising. In another case the messaging app MessageMe was cut off from access to data because it had grown too popular and could compete with Facebook.
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  • The document dump comes as Facebook and Zuckerberg are facing widespread criticism over the company's political advertising policy, which allows candidates for elected office to lie in the ads they pay to circulate on the platform. It also comes as 47 state attorneys general, led by Letitia James of New York, are investigating the social media giant for antitrust violations.
  • The call from Sanders (I-Vt.) Wednesday to break up Facebook follows similar but less definitive statements from the senator. One of Sanders' rivals in the 2020 Democratic presidential primary race, Sen. Elizabeth Warren (D-Mass.), released her plan to "Break Up Big Tech" in March. Zuckerberg is among the opponents of Warren's proposal, which also targets other major technology companies like Amazon and Google.
Paul Merrell

Which HTML5? - WHATWG and W3C Split - 0 views

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    A "Living Standard?" Sorry, WHATWG, but "standard" has a legal definition and minimum requirements; you're operating outside the law. WHATWG chooses what they think they can get away with and ignoring competition law.
Paul Merrell

FCC Putting Comcast/Time Warner Cable Investigation On Hold - 0 views

  • On Friday, the U.S. Federal Communications Commission said that it has extended its time to file responses and oppositions for the Comcast/Time Warner merger from October 8 to October 29. This is due to a motion filed by DISH Network, which said that Comcast didn't fully respond to the Commission's Request to Responses and Oppositions. The FCC is taking 180 days to determine if the Comcast and Time Warner merger will be in the best interest of the public. As of Friday, the investigation was at day 85, and it will resume once October 29 arrives. Originally, the investigation was expected to be complete on January 6, 2015. According to Reuters, a number of competitors and consumer advocates have rejected the merger, stating that the combined entity will have too much power over American consumers' viewing habits. Comcast disagrees of course, indicating that Time Warner is not a competitor and that their combined forces would bring better subscription services to a larger consumer audience.
  • Back in August, the FCC sent questions to both Comcast and Time Warner Cable asking for additional information about their broadband and video services, such as their Web traffic management practices. However, the FCC said on Friday that both companies failed to provide enough answers to please the merger reviewers. Comcast disagrees but said it will work with the reviewers to provide the missing information. "We will work with the staff to determine the additional information the FCC is seeking (including the document production that the FCC had asked us to delay filing) and will submit supplemental answers and documents quickly thereafter so that the FCC can complete its review early in 2015," Comcast spokeswoman Sena Fitzmaurice told Reuters.
  • Currently, the FCC is trying to retrieve Comcast's programming and retransmission consent agreements, but media companies have objected to the collection, saying that these documents are highly confidential. However, the documents have made their way to the Justice Department, which is conducting its own review for antitrust issues. The delay in the FCC's deadline also stems from a large 850-page document supplied by Comcast. The FCC indicated that this volume of information is critical to the investigation.
Paul Merrell

Thousands of HTML5 tests planned by Web consortium - 0 views

  • W3C is warning against drawing any conclusions based on the early tests, saying thousands of more HTML5 tests are planned. The goal of the tests is not to declare one browser a winner, but rather to help vendors and Web application developers ensure interoperability across all browsers, W3C says.
  • "We do expect to have tens of thousands of tests," says Philippe Le Hegaret, who oversees HTML activities for the W3C. 
  • the purpose of the HTML5 test suite is to help vendors and developers ensure that HTML5 applications work across all browsers. For example, a developer might check the test results before enabling a certain feature in an application, just to make sure it will work across IE9, Firefox, Chrome, Safari and Opera. Developers can build HTML5 applications today, but they have to keep in mind that they are early adopters and act accordingly, Le Hegaret says. "If you think HTML5 is perfectly stable today and you can use it without worrying about interoperability issues, I think you're going to fool yourself," he says. Although the first round of HTML5 tests focused on desktop browsers, Le Hegaret says HTML5 compatibility is advancing more rapidly on mobile devices such as iPhones and Androids.
    • Paul Merrell
       
      Note the continuing, indeed, escalating abuse of the term "interoperability" by W3C. "Interoperability" has both a legal and (happily, coinciding) technical meaning that involves round-tripping of information. ISO/IEC JTC 1 Directives defines the term in precisely the same terms as the European Union's Court of First Instance did in the landmark Commmission v. Microsoft antitrust case; "interoperability is understood to be the ability of two or more IT systems to *exchange* information at one or more standardised interfaces and to make *mutual use* of the information that has been exchanged." Web browsers do not do "interoperability;" there is no "exchange" and "mutual use" of the information exchanged. Web browsers do "compatibility," a one-way transfer of information that is broadcast from web servers; i.e., web browsers cannot send web pages to web servers.
Paul Merrell

Kohl Wary Of Comcast-NBCU Deal - Tech Daily Dose - Tech Daily Dose - 0 views

  • An influential Democratic senator urged federal regulators today to only approve the proposed $30 billion merger of Comcast and NBC Universal if they determine that "sufficient conditions" are "unlikely to cause any substantial lessening of competition," CongressDaily reported.
  • Kohl detailed his views in a letter to FCC Chairman Julius Genachowski and Assistant Attorney General Christine Varney. The lawmaker recommended 11 requirements, including the divestiture of NBC's stake in the online video site Hulu, a ban on Comcast shifting marquee NBC content to cable for a decade and restricting Comcast from blocking or degrading competing video services online. Kohl weighed in after Congress held four hearings earlier this year on the merger and as lobbying over the transaction continues to intensify. The companies have said they're expecting a regulatory decision in the fourth quarter.
Paul Merrell

U.S. Is Said to Scrutinize Apple's Online Music Tactics - NYTimes.com - 0 views

  • The Justice Department is examining Apple’s tactics in the market for digital music, and its staff members have talked to major music labels and Internet music companies, according to several people briefed on the conversations.
  • But people briefed on the inquiries also said investigators had asked in particular about recent allegations that Apple used its dominant market position to persuade music labels to refuse to give the online retailer Amazon.com exclusive access to music about to be released.
  • The inquiry is one of several by the federal government involving Apple. The Federal Trade Commission is moving ahead with a separate investigation of Apple’s rules for developers who create applications for the iPhone operating system, according to a person familiar with that discussion. That inquiry, initiated by complaint from Adobe Systems, the maker of the Flash format for Internet video, is said to be in its early stages as well.
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  • The Justice Department has also reportedly been investigating the hiring practices at Apple and other top technology companies, including Intel, I.B.M. and Google, asking whether the companies have improperly agreed to avoid hiring each other’s employees.
Gary Edwards

Five reasons why Microsoft can't compete (and Steve Ballmer isn't one of them) - 2 views

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  • 1. U.S. and European antitrust cases put lawyers and non-technologists in charge of important final product decisions.
  • The company long resisted releasing pertinent interoperability information in the United States. On the European Continent, this resistance led to huge fines. Meanwhile, Microsoft steered away from exclusive contracts and from pushing into adjacent markets.
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  • Additionally, Microsoft curtailed development of the so-called middleware at the core of the U.S. case: E-mail, instant messaging, media playback and Web browsing:
  • Microsoft cofounder Bill Gates learned several important lessons from IBM. Among them: The value of controlling key technology endpoints. For IBM, it was control interfaces. For Microsoft: Computing standards and file formats
  • 2. Microsoft lost control of file formats.
  • Charles Simonyi, the father of Microsoft, and his team achieved two important goals by the mid 1990s: Established format standards that resolved problems sharing documents created by disparate products.
  • nsured that Microsoft file formats would become the adopted desktop productivity standards. Format lock-in helped drive Office sales throughout the late 1990s and early 2000s -- and Windows along with it. However, the Web emerged as a potent threat, which Gates warned about in his May 1995 "Internet Tidal Wave" memo. Gates specifically identified HTML, HTTP and TCP/IP as formats outside Microsoft's control. "Browsing the Web, you find almost no Microsoft file formats," Gates wrote. He observed not seeing a single Microsoft file format "after 10 hours of browsing," but plenty of Apple QuickTime videos and Adobe PDF documents. He warned that "the Internet is the most important single development to come along since the IBM PC was introduced in 1981. It is even more important than the arrival of the graphical user interface (GUI)."
  • 3. Microsoft's senior leadership is middle-aging.
  • Google resembles Microsoft in the 1980s and 1990s:
  • Microsoft's middle-management structure is too large.
  • 5. Microsoft's corporate culture is risk adverse.
  • Microsoft's
  • . Microsoft was nimbler during the transition from mainframe to PC dominance. IBM had built up massive corporate infrastructure, large customer base and revenue streams attached to both. With few customers, Microsoft had little to lose but much to gain; the upstart took risks IBM wouldn't for fear of losing customers or jeopardizing existing revenue streams. Microsoft's role is similar today. Two product lines, Office and Windows, account for the majority of Microsoft products, and the majority of sales are to enterprises -- the same kind of customers IBM had during the mainframe era.
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    Excellent summary and historical discussion about Microsoft and why they can't seem to compete.  Lot's of anti trust and monopolist swtuff - including file formats and interop lock ins (end points).  Microsoft's problems started with the World Wide Web and continue with mobile devices connected to cloud services.
Paul Merrell

Working to Fulfill our Legal Obligations in Europe for Windows 7 - Microsoft On The Issues - 0 views

  • Earlier today CNET reported that Microsoft had sent a memo to computer manufacturers and retailers about our plans for Windows 7 in Europe.  We’re getting quite a few calls on this, so we thought it would be helpful to explain our plans.
  • In January the European Commission provided its preliminary view that Microsoft’s “bundling” of Internet Explorer in Windows violated European competition law.
  • Windows 7 will be offered in Europe in all of the versions that will be available here in the United States, both 32- and 64-bit, with an “E” at the end of the product name (for instance, Windows 7 Home Premium E).  The E versions of Windows 7 will ship at the same time as Windows 7 ships in the rest of the world, and they will be available in 23 European languages. What does this mean for European consumers?  The E versions of Windows 7 will include all the features and functionality of Windows 7 in the rest of the world, other than browsing with Internet Explorer.  Computer manufacturers will be able to add any browser they want to their Windows 7 machines, including Internet Explorer, so European consumers who purchase new PCs will be able to access the Internet without any problem.  Consumers will also be able to add any Web browser to their PCs, to supplement or replace the browsers preinstalled by their computer manufacturer.  Most importantly, the E versions of Windows 7 will continue to provide all of the underlying platform functionality of the operating system—applications designed for Windows will run just as well on an E version as on other versions of Windows 7. 
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  • Our decision to only offer IE separately from Windows 7 in Europe cannot, of course, preclude the possibility of alternative approaches emerging through Commission processes.  Other alternatives have been raised in the Commission proceedings, including possible inclusion in Windows 7 of alternative browsers or a “ballot screen” that would prompt users to choose from a specific set of Web browsers.  Important details of these approaches would need to be worked out in coordination with the Commission, since they would have a significant impact on computer manufacturers and Web browser vendors, whose interests may differ.   Given the complexity and competing interests, we don’t believe it would be best for us to adopt such an approach unilaterally. 
  • In January 2009 the Commission sent Microsoft a “Statement of Objections.” In it the Commission advised Microsoft of its preliminary view that the inclusion of Web browsing software in Windows violates European competition law. The Commission said in this document that it intends to impose a fine for this. The Commission also said that, with hindsight, the remedy adopted in its 2004 decision was not effective because there was very limited consumer demand for the versions of Windows without media player. We were, of course, disappointed to learn that the approach we took in September 2008 would not adequately address the Commission’s concerns. Microsoft filed its response to the Commission’s Statement of Objections in April. We believe we made a strong showing that including Internet Explorer in Windows is lawful so that no remedy is needed. We hope that the Commission will ultimately agree with us. In the meantime, we have to move forward with final planning for the release of Windows 7, so we’ve decided that instead of including Internet Explorer in Windows 7 in Europe, we will offer it separately. As noted, we will continue to discuss browser issues and other matters with the Commission.
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    Note the emphasis that this is a unilateral move by Microsoft and a different remedy may still be forthcoming from DG Competition. In particular, not only the remedy as to bundling may be different, but other related issues remain, such as Opera's complaint that Microsoft had been undermining Open Web standards with inadequate support.
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