AntitrustEuropean Commission Awaits Reply From Apple, Labels on Antitrust ConcernsAuthored by Mark Hefflinger on June 5, 2007 - 11:25am.
Brussels - The European Commission has granted an extension to Apple and the major record labels on a deadline it imposed on them to respond to allegations of anti-competitive behavior with regard to iTunes Store pricing, Billboard reported. tags: Policy | Music | Apple | iTunes | Warner Music | Antitrust | EMI | European Commission | Sony Music |
EU Launches Probe Into European iTunes Store PricingAuthored by Mark Hefflinger on April 2, 2007 - 3:14pm.
London - The European Commission is investigating whether Apple and the major record labels violated EU competition rules, with iTunes Store deals that prohibit users in one country from downloading music from a website intended to serve another country, the Financial Times reported on Monday. Analysis: Why the XM-Sirius Merger Will ProceedAuthored by Scott Goldberg on February 20, 2007 - 10:08am.
There are two obstacles impeding the XM-Sirius merger: The Department of Justice (DoJ) and the FCC. The former must agree that the combined entity does not violate antitrust laws, and the latter must overlook the rule that one company cannot own both satellite licenses. The FCC has indicated that it could overturn the rule, but has not offered reasons that would compel it do so. The DoJ has offered no insights, either. But there should be little doubt: the merger will cross both hurdles unobstructed.
AMD, Nvidia Get Subpoenas in Justice Dept. Antitrust ProbeAuthored by Mark Hefflinger on December 1, 2006 - 1:05pm.
Sunnyvale, Calif. - Chipmakers Advanced Micro Devices (AMD) and Nvidia announced this week that they have received subpoenas from the U.S. Department of Justice, which is investigating potential antitrust violations related to graphics processors and cards.
RealNetworks' $350 Million WiderThan Deal Gets South Korean Antitrust NodAuthored by Mark Hefflinger on October 26, 2006 - 1:57pm.
Seattle - RealNetworks announced on Thursday that South Korean antitrust authorities have cleared its $350 million acquisition of WiderThan, a provider of mobile music services. Seattle-based RealNetworks, which operates digital music services including Rhapsody, announced its intention to acquire the South Korean company in September.
tags: Deals | Mobile | Mobile Music | Law | Music | Korea | RealNetworks | Acquisitions | WiderThan | Antitrust |
EU to Probe Possible Antitrust Violations of Blu-ray, HD DVD LicensesAuthored by Mark Hefflinger on July 27, 2006 - 7:07pm.
Brussels - The European Commission has launched an antitrust probe into the licensing schemes created by the developers of next-generation Blu-ray and HD DVD technologies, Reuters reported.
Justice Department Clears Intelsat Acquisition of PanAmSatAuthored by Mark Hefflinger on May 26, 2006 - 11:47am.
Washington - Clearing a major regulatory hurdle, Intelsat, the large D.C.-based provider of satellite services, said on Friday that the Justice Department's Antitrust Division has approved its $3.2 billion acquisition of Connecticut-based rival PanAmSat.
EU Welcomes Antitrust Compliance Proposal from MicrosoftAuthored by Mark Hefflinger on June 6, 2005 - 10:58am.
Brussels -- The European Commission on Monday welcomed a proposal from Microsoft that could soon lead to the resolution of a protracted antitrust dispute between the U.S.-based software giant and the EU. "I am happy that Microsoft has recognized certain principles which must underlie its implementation of the Commission's decision," EU Competition Commissioner Neelie Kroes said, adding that the Commission would now consult with industry players about the proposals. In a landmark ruling against Microsoft last March, the Commission fined the company 487 million euro for abusing its market position and ordered it to offer a version of its Windows operating systems sans Media Player. What's more, the Commission ordered Microsoft to share protocol information with rivals. A decision on whether Microsoft has complied with the ruling could come in a matter of weeks, officials said.
Microsoft Awaits EU Response After Submitting Antitrust ProposalAuthored by Mark Hefflinger on June 1, 2005 - 5:04am.
Brussels -- The EU announced that it has begun studying a compliance proposal that was submitted by software giant Microsoft just before deadline at midnight on Tuesday. The eleventh-hour proposal was just the latest development in a long-running antitrust dispute between the European Commission and Microsoft, which still could face massive fines equal to 5% of its global sales, according to EU officials. "The contacts continued late yesterday evening, and now we're examining what they've put on the table," said EU spokesman Jonathon Todd. "The Commission will now carefully analyze what has been put on the table and decide whether or not we consider that Microsoft has complied with the March 2004 decision." Last March, the Commission ruled that Microsoft had abused its market dominance in servers and media player software and ordered the company to share protocol information with rivals. A decision is expected by the end of next month.
Movie Gallery Gets Antitrust Approval for Hollywood Entertainment MergerAuthored by Mark Hefflinger on February 14, 2005 - 10:45am.
Dothan, Ala. -- Movie Gallery, the nation's third-largest movie rental store chain, announced on Monday that antitrust regulators have approved its proposed acquisition of Hollywood Entertainment, the nation's second-largest rental chain. Alabama-based Movie Gallery bid $13.25 per share for Hollywood, or about $900 million. Blockbuster has also bid over $1 billion for the company, but its proposal is still under antitrust review at the Federal Trade Commission.
EU Resumes Antitrust Review of Microsoft Acquisition of ContentGuardAuthored by Mark Hefflinger on February 11, 2005 - 11:08am.
Brussels -- The European Commission announced on Friday that it has once again taken up its antitrust review of Microsoft's acquisition of digital rights management firm ContentGuard. Microsoft proposed to buy a controlling interest in Maryland-based ContentGuard along with partners Time Warner, but the deal came under scrutiny last August when the European Union said it believed Microsoft could emerge with a monopoly on digital rights management technologies. Commission spokesman Jonathan Todd said that Microsoft has provided additional information on the deal, and a new deadline of April 7 has been set for the EU to grant or deny approval of the deal. The Commission is also now investigating whether Microsoft violated any rules by bringing Thomson in as a third partner, as it would have no antitrust authority on a deal that would provide equal ownership among more than two companies.
EU to Continue with Microsoft Antitrust Case Despite SettlementsAuthored by Mark Hefflinger on November 9, 2004 - 8:03am.
Brussels -- Despite the fact Microsoft has reached settlements with two of its fiercest rivals, the European Commission said it would pursue its antitrust case against the U.S.-based software giant. On Monday, Microsoft announced that it had reached a deal with the Computer & Communications Industry Association (CCIA), and that it had agreed to pay $536 million to settle an antitrust lawsuit over Novell's Netware software. Even so, European Commission spokeswoman Amelia Torres said the settlements did not change "any elements of Microsoft's conduct in the market" and that EU antitrust enforcement did not "hinge upon complaints by individual parties." Acting EU Competition Commissioner Mario Monti, who has spearheaded the EU case against Microsoft, is set to step down at the end of this month; so far, his replacement, Neelie Kroes, has said little about what line she plans take on the Microsoft antitrust case.
Europe Launches Antitrust Probe of Microsoft, ContentGuard MergerAuthored by Mark Hefflinger on August 25, 2004 - 1:56am.
Brussels -- The European Commission on Wednesday announced the launch of a formal antitrust investigation into the proposed joint acquisition of digital rights management firm ContentGuard by Microsoft and Time Warner, Reuters reported. The Commission will examine the possibility that the deal could give Microsoft a dominant position in the market for technology that prevents unauthorized copying of music, movies, games and other digital data. It will also examine the potential for the deal to lead to vertical integration of Microsoft in other markets.
Antitrust Talks Between Microsoft and European Commission FailAuthored by Mark Hefflinger on March 18, 2004 - 5:07am.
Brussels -- Negotiations between Microsoft and the European Commission came to a halt on Thursday after EC Competition Commissioner Mario Monti confirmed that a settlement on the U.S. software giant's allegedly anti-competitive behaviour has "not been possible". In a statement, Monti said that Microsoft and the Commission had made "substantial progress towards resolving the problems which have arisen in the past," but admitted that they were "unable to agree on commitments for future conduct". "In the end, I had to decide what was best for competition and consumers in Europe," Monti said. "I believe they will be better served with a decision that creates a strong precedent." The news means that Microsoft now faces hundreds of millions of dollars in fines when the Commission publishes its final ruling on March 24. Microsoft is expected to appeal the decision and appears to be planning for a protracted legal battle. "Today is just another step in what could be a long process," said chief lawyer Brad Smith in a statement. "Perhaps the courts will provide the clarity that is necessary to resolve these issues."
EU Supports Commission Antitrust Plan Against MicrosoftAuthored by Mark Hefflinger on March 15, 2004 - 6:10am.
Brussels -- European Union members on Monday unanimously supported a ruling against Microsoft that would find that the company broke antitrust laws and would force the company to make changes in how it sells media software. "The member states have unanimously backed the Commission's draft decision," European Commission spokeswoman Amelia Torres told reporters. The EU advisory committee's opinions are not binding; the Commission will make a final decision by March 24. In addition to a potential fine in the billions of euros, the EU reportedly wants Microsoft to offer other computer companies a version of its operating system without its Media Player. Microsoft is still seeking a settlement.
Judge Denies Microsoft Motion to Move RealNetworks' Antitrust Suit to SeattleAuthored by Mark Hefflinger on March 12, 2004 - 6:16am.
Seattle -- The judge presiding over RealNetworks' $1 billion antitrust suit against rival Microsoft has denied a Microsoft motion to move the trial to Seattle from San Jose, California, where RealNetworks lodged its original claim. U.S. District Court Judge James Ware said that Microsoft would not be any more inconvenienced if the trial were in California instead of Washington, even though both companies are based there. RealNetworks is thought to have filed in California partly because many of Microsoft's rivals operate in Silicon Valley, and because some employees of these firms may be called to testify. "We look forward to presenting our case to a jury in San Jose, where key third-party witnesses can give important testimony in person," said RealNetworks spokesman Greg Chimengo. In its suit, RealNetworks argues that Microsoft used its monopoly standing to influence the digital media player market in which the two companies compete. Microsoft has defended its actions, pointing to a healthy and competitive market in which Microsoft, RealNetworks and Apple's QuickTime all hold large shares.
Microsoft Asks for Venue Change for RealNetworks' $1 Billion Antitrust SuitAuthored by Mark Hefflinger on January 22, 2004 - 2:54am.
Redmond, Wash. -- Microsoft has asked a federal judge to move the $1 billion antitrust suit brought by rival RealNetworks, originally filed in San Jose, Calif., to its home state of Washington. Microsoft argued that it makes little sense to try a case between two Washington-based companies in California, but when filing the suit Real said that is where most of its witnesses reside. It is also where many of Microsoft's main rivals -- including Oracle and Sun -- are located. "RealNetworks likely perceives that a jury pool in that area would be the most unfavorable to Microsoft," company spokeswoman Stacy Drake told Reuters.
Justice Dept. Ends Antitrust Probe of Major Labels' Pressplay, MusicNetAuthored by Mark Hefflinger on January 5, 2004 - 4:26am.
Washington -- The U.S. Department of Justice has closed its antitrust investigation into Pressplay and MusicNet -- two joint ventures between a number of major record labels that were created to distribute music on the Internet. The Justice Dept. began investigating both services in the summer of 2001, six months before Pressplay -- a joint venture between Sony Music and Universal Music -- and MusicNet (Warner, BMG, EMI, AOL) would launch in December. The investigation examined whether the joint ventures affected the licensing terms offered to other digital music services not owned by the major labels, and whether or not the joint ventures impeded the growth of the digital music market, solidifying the major labels' central roles in the existing music market. The Justice Dept. pointed to the loosening of restrictions within Pressplay and MusicNet that hampered CD burning and transfer to portable devices, emerging competition from Apple's iTunes, BuyMusic.com, Dell and MTV, and the sale of Pressplay to Napster parent Roxio in October as signs of a healthy market. "The concerns that led [the Justice Dept.] to open its investigation have now diminished or disappeared," the Justice Dept. said in a statement.
RealNetworks Files $1 Billion Antitrust Suit Against MicrosoftAuthored by Mark Hefflinger on December 19, 2003 - 4:39am.
Seattle -- RealNetworks announced late on Thursday that it has filed a $1 billion antitrust lawsuit against Microsoft, alleging the company illegally used its monopoly power to restrict competition, limit consumer choice and attempt to monopolize the growing field of digital media. In its suit, RealNetworks says Microsoft used its influence to "restrict how PC makers install competing media players while forcing every Windows user to take Microsoft's media player, whether they want it or not." By tying its Windows Media Player into its Windows operating system, which comes pre-installed on the majority of the world's PCs, the company has been able to achieve near universal distribution for the Media Player, while using its influence to pressure PC makers and others to ignore its competitors. "While we much prefer competing in the market -- as we are doing and have done for 9 years -- our Board has made a carefully considered business decision to take this action to end Microsoft's illegal conduct and recover substantial damages on behalf of our shareholders," said RealNetworks chairman and CEO Rob Glaser. In addition to an estimated $1 billion in damages, RealNetworks will seek an injunction to prevent Microsoft from further anti-competitive behavior. The company also said it will cooperate with the European Commission's ongoing antitrust investigation of Microsoft. In a statement, Microsoft called RealNetworks' lawsuit "a case where a leading firm is seeking to use the antitrust laws to protect and increase its marketplace share and to limit the competition it must face." http://biz.yahoo.com/prnews/031218/sfth074_1.html http://biz.yahoo.com/prnews/031218/sfth095_1.html
Webcasters Challenge Bill That Would Loosen Record Label Antitrust LawsAuthored by Mark Hefflinger on December 12, 2003 - 5:16am.
Washington -- The Webcaster Alliance, a trade group made up of Internet broadcasters, announced on Friday that it has filed a legal complaint against the Recording Industry Association of America (RIAA) and the five major record labels, opposing a recent bill introduced by Sen. Orrin Hatch (R-Utah) that would relax antitrust regulations for the recording industry. The "Enhancing Federal Obscenity Reporting and Copyright Enforcement Act of 2003" (the EnFORCE Act), the group says, would expand the existing antitrust exemption enjoyed by the recording industry to cover all compulsory mechanical licenses under section 115 of the Copyright Act. "A Federal Judge recently approved a $143 million settlement in the CD price-fixing case that was brought against the RIAA's Big 5 record label members," said Webcaster Alliance president Ann Gabriel. "Yet here they are attaching additional language to expand their antitrust exemptions to a bill they know most legislators would have a hard time opposing, since it deals with the exploitation of children. This is so typical of the RIAA and their manipulative, smoke and mirrors tactics." The Webcaster Alliance is asking the U.S. District Court for the Northern District of California to rule the record labels in violation of the Sherman Antitrust Act, as well as for a declaratory judgment that the labels have engaged in misuse of their copyrights. http://www.webcasteralliance.com/modules/news/index.php?storytopic=5 http://www.webcasteralliance.com/docs/WA_complaint.pdf
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