Linked by Thom Holwerda on Fri 22nd Mar 2013 11:08 UTC
Apple "European Union regulators are examining the contracts Apple strikes with cellphone carriers that sell its iPhone for possible antitrust violations after several carriers complained that the deals throttled competition." Well paint me red and call me a girl scout.
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RE[3]: big sigh
by oskeladden on Fri 22nd Mar 2013 20:40 UTC in reply to "RE[2]: big sigh"
oskeladden
Member since:
2009-08-05

(a) standard practice. Better clients get better treatment.

That isn't relevant in determining whether it's a violation of competition law. Price discrimination is standard practice, but can be a violation of competition law if it amounts to an abuse of market power.

(b) that's your personal presumption. The small regional and MNVO carriers in the US certainly have similar terms.

It's not my personal presumption. It's what the article in the NYT said, and without meaning any disrespect, I think the (anonymous) sources on whom they relied probably know more about Apple's contracts than either you or I do.

(c) nonsense. Apple is unlikely to have more than 30% market share in a single European market.


Market share isn't the sole factor that's relevant in EU competition law to assess dominance, and in any event the EU has for many years had a concept of 'unilateral market power' that has much broader applicability. If you have a conclusive argument that irrefutably demonstrates that Apple doesn't have market power for the purposes of EU Competition law, there are a number of peer reviewed journals which will be interested in hearing from you. This is a much debated question, on which existing cases don't give sufficient clarity.

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