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New York State targets big tech with tougher antitrust bill
New York state's proposed bill would broaden the scope of what’s considered antitrust behavior, increase penalties and allow class action antitrust lawsuits.
Genius sues Google for $50 million over 'stolen' song lyrics
Earlier this year Genius announced it suspected Google of copying its lyrics data -- now it's thrown its weight behind a lawsuit accusing the company of exactly that. According to Genius, lyric licensing company LyricFind pulled lyrics directly from Genius' pages, which Google subsequently used in its search results.
T-Mobile’s Sprint merger is opposed by 18 state attorneys general
Pennsylvania Attorney General Josh Shapiro is the latest state attorney general to oppose T-Mobile's Sprint merger. Today, Shapiro announced that he'll join a lawsuit to block the "megamerger" of the telecom giants, making him the 18th attorney general to challenge the deal.
Google faces (yet another) antitrust complaint, this time over job search
Google is in hot water once again over antitrust issues. Reuters reports that 23 job search websites will send a letter to the European Commission asserting that the search giant abuses its market dominance to promote its own job search service.
Federal judge rules Qualcomm violated antitrust rules
Roughly five months after the Federal Trade Commission and Qualcomm entered the courtroom over charges that Qualcomm engaged in anti-competitive behavior, a federal judge has sided with the FTC. In a decision shared Tuesday night, US District Judge Lucy Koh stated that Qualcomm violated antitrust laws, The Wall Street Journal reports. In her decision, Koh said the company charged unreasonably high royalties for its patents and eliminated cell phone chip competitors.
YouTube terminates accounts promoting Twitch streams
The fight between YouTube and Twitch just got a little uglier. Producers like Linus Tech Tips, Surny and Aztrosizt have complained that YouTube abruptly (though temporarily) terminated their accounts for using videos to promote their Twitch streams, such as LTT's The WAN Show. It's not that the videos weren't violating rules (the site has long forbidden videos that primarily "drive people off of YouTube"). Rather, it's that YouTube is only now enforcing the rules for videos promoting Twitch streams, and that it's being unusually aggressive -- it immediately terminated accounts instead of issuing strikes. This is oddly harsh when the company has been softer on channels that have done much worse, such as pushing false conspiracies that could lead to harassment and threats.
Microsoft tests forcing Windows Mail users to open links in Edge
Edge might be Windows 10's built-in browser, but it definitely isn't the most popular browser -- NetMarketShare reported just under 4 percent usage share as of February 2018, slipping well below Chrome's 59 percent. And now, it looks like the company may be trying to boost its share through software policies. The company is testing a Windows 10 preview release in the Skip Ahead ring which opens all Windows Mail web links in Edge, regardless of your app defaults. It provides the "best, most secure and consistent experience," Microsoft argued.
Amazon will no longer strong arm ebook publishers in Europe
The European Commission has accepted Amazon's changes to how it sells its e-books. Following a 2015 investigation over the retailer's anti-competitive behaviour, Amazon said back in January that it would change its ebook contracts, removing clauses that demanded the most favorable distribution deals. This encompassed release dates and promotions, in addition to the plain wholesale prices offered by publishers to Amazon. The Commission, following a period of feedback from the public and "interested parties" (so, other e-book sellers and put-upon publishers), has decided to accept Amazon's proposed clause changes, making the commitments legally binding. Amazon could be fined up to 10 percent of its annual turnover if it doesn't follow through.
Kaspersky says Windows' security bundle is anti-competitive
Windows 10's bundled Defender security tool can be helpful for basic antivirus protection, but what if you prefer third-party software? The operating system normally steps aside when you run other programs, but antivirus mainstay Eugene Kaspersky (above) believes Microsoft still isn't playing fair. He just filed complaints in both the European Union and Russia alleging that Windows 10's handling of third-party antivirus tools is anti-competitive. The argument mostly hinges around when Microsoft switches you to Defender and the amount of breathing room given to other developers.
Comcast sues Nashville over law that helps Google Fiber
The Google Fiber team isn't having a good week. Comcast has filed a lawsuit against Nashville in a bid to overturn a city law, One Touch Make Ready, that was primarily designed to help speed Google's fiber optic rollout. Much as with an AT&T lawsuit filed in September, Comcast maintains that AT&T-owned poles fall under the jurisdiction of the FCC, not the city -- Nashville can't let internet providers add their own wires without having AT&T move wires first, the cable giant says. The suit also claims that the city's Metro Council isn't allowed to regulate poles owned by Nashville Electric Service, and that the law violates Comcast's contracts with both pole owners.
Apple may be under FTC investigation for Beats deals
The hushed whispers surrounding the Federal Trade Commission's supposed investigation into Apple's Beats Music service relaunch have gotten a little louder. From the sounds of it, Cupertino's approached record labels and over a dozen of artists, throwing its weight around as the largest seller of music to snag "limited exclusive" rights and partnerships to pad out a new version of the formerly-owned-by Dr. Dre music service. Bloomberg's sources say that the FTC's still pretty early in the process, but the inquiry revolves around how Apple's dominance in the music sales space, coupled with exclusive deals, could put the likes of Spotify at a disadvantage. It's something other streaming outfits like Tidal don't exactly have to worry about because they don't have iTunes attached to them.
EU regulator accepts Penguin offer to end dodgy e-book deals with Apple
After the European Commission accepted offers from Apple and four publishers to free up e-book pricing restrictions in December 2012, it's now accepted Penguin's commitment to do the same. Much like Penguin's vow to the US DOJ, it will end its agency agreements with Apple and other retailers, and "most-favored nation" clauses will be absent from any new deals struck over the next five years. Most importantly, e-book retailers will now be able to control prices and discounts of Penguin's catalog for two years. This legally binding pledge essentially brings an end to EC's "competitive concerns," as all involved in the original price-fixing investigation have now settled up.
Google pledges to change its ways to assuage FTC anti-competitive concerns
Google's drawn the ire of the Federal Trade Commission for myriad reasons over the past year, and so the FTC began a formal investigation into those transgressions. Today, Chairman Jon Leibowitz announced that the investigation has concluded with a settlement after the FTC found several issues with the way Big G does business. Head on past the break for a full rundown of the FTC's findings.
Aereo gets unfair competition claim dismissed, still faces two claims of copyright infringement
Aereo's mini-antenna arrays started streaming OTA television broadcasts in Gotham a couple months ago in spite of the lawsuit filed by a few of New York's local stations to stop them from doing so. Today, it was able to dismiss its opponents' state law unfair competition claim under the theory of federal preemption. Essentially, Aereo argued (and the judge agreed) that the anti-competition claim was actually an attempt to vindicate the broadcasters' rights to control the performance of their copyrighted materials. Because those rights are granted under federal law, the state law claim was preempted and dismissed from the lawsuit pursuant to the Copyright Act. Despite this courtroom victory, Aereo still has a lot of legal legwork to do, as it still faces two copyright claims that could still shut down the OTA streaming party. Stay tuned.
Antitrust suit carries on against Intel, Apple, Google and others
They can hope and pray all that they want, but Google, Intel, Apple, Adobe, Intuit, Pixar and Lucasfilm will soon be facing some serious accusations in a courtroom under the Sherman Antitrust Act and California's Cartwright Act. After years of trying to dodge legal action over an "informal agreement" to not pinch each others employees, and an effort to have the case dismissed, the seven defendants will have to stand trial as ordered by District Judge Lucy Koh in San Jose, California. In her decision Koh said, not only was there evidence that these agreements were made at the highest levels of the company but, that six such deals were struck in secret in such a short time frame "suggests that these agreements resulted from collusion." There's still time for yet another deal to be struck, however, this time between the defendants and the DOJ. Otherwise it looks like all seven will have to stand trial in June of 2013.
Expedia adds to Google's EU antitrust woes, decision expected after Easter
Google's position as the dominant search engine doesn't come without a price. Smaller search sites have already tapped on the EU Commission's door to register their complaints about how they are ranked, and Microsoft has also let its feelings on the matter be known. Now, we can add the Redmond spin-off, Expedia, to that list of sore losers disgruntled firms. The travel search site claims it has specific details outlining how the search giant has violated European anti-competitive laws. A Google spokesperson issued a statement saying "We haven't seen the complaint yet, but we've been working to explain how our business works, cooperating with the European Commission since this investigation began." The EU Competition Commissioner says a decision will be made after Easter, at which point Mountain View will either be charged, or the investigation will be dropped. If only that were the end of its EU troubles.
DOJ investigation yields fresh evidence against Google, Apple in antitrust lawsuit
Back in 2009, a small controversy began swirling around Google and Apple, amid allegations that the two companies had struck an informal agreement to not poach each other's employees. The Department of Justice launched an investigation into the matter in 2010, but details of the case were only made public for the first time yesterday. TechCrunch was the first to sift through the documents, and has uncovered some ostensibly incriminating evidence against not only Google and Apple, but Pixar, Lucasfilm, Adobe, Intel, and Intuit, as well. According to filings from the US District Court for the Northern District of California, these companies did indeed enter "no poach" agreements with each other, and agreed to refrain from engaging in bidding wars. The documents also suggest that they collectively sought to limit their employees' power to negotiate for higher salaries. Some of the most apparently damning evidence derives from archived e-mails, including one that Adobe CEO Bruce Chizen penned to Steve Jobs in May 2005. In the message, sent under the subject "Recruitment of Apple Employees," Adobe's SVP of human resources explains that "Bruce and Steve Jobs have an agreement that we are not to solicit ANY Apple employees, and vice versa." Pixar's Lori McAdams expressed similar sentiments in an internal e-mail from 2007, writing: "I just got off the phone with Danielle Lambert [of Apple], and we agreed that effective now, we'll follow a Gentleman's agreement with Apple that is similar to our Lucasfilm agreement." This would suggest, as the DOJ writes, that there's "strong evidence that the companies knew about the other express agreements, patterned their own agreements off of them, and operated them concurrently with the others to accomplish the same objective." The DOJ announced in September that it had reached settlements with the six implicated firms, but a class-action lawsuit is scheduled to get underway next week in San Jose.
Justice Department antitrust division probing Verizon cable spectrum deals
Looks like AT&T isn't the only major carrier having issues with the guv'ment lately. Remember that 20MHz AWS spectrum that Verizon got from Cox Communications for a cool $315 million this month? How's about that juicy spectrum Big Red scored from Comcast, Time Warner and Bright House for $3.6 billion? Well, it turns out those deals are raising an eyebrow or two over at the Justice Department, which just launched an investigation into the matter. A spokesperson for the department confirmed the probe with Bloomberg News but declined to provide further details. A source familiar with the investigation, however, says the antitrust division is involved. Apparently, there's concern that the deal puts too much control of the airwaves in the hands of Verizon. For its part, Verizon declined to comment, saying it has yet to receive information about the investigation.
E-book publishers are now being investigated in the US, not just Europe
Just two days after the European Commission announced that it was investigating Apple and major international publishers for possible e-book price fixing, the US Justice Department has made it clear that it's also launching a probe into the possibility of "anticompetitive practices involving e-book sales." Although Justice Department officials didn't name which companies they're looking into, it's very likely that they're focusing on the same agreements between publishers and the major e-book platform owners -- either Apple or Amazon or both.
Apple and major publishers investigated for e-book price fixing in Europe
The European Commission has opened a formal antitrust investigation into some of the world's largest publishers following a series of unannounced inspections back in March. Hachette Libre, Harper Collins, Simon & Schuster, Penguin and the German owner of Macmillan are all suspected of "anti-competitive practices" in the way they've sold e-books in Europe, "possibly with the help of Apple." Read on for the full press release.
