european-commission
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Daily Update for December 28, 2012
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
EU set to charge Samsung in Apple antitrust case
The legal battle between Apple and Samsung may be winding down, but the Korean electronics maker's courtroom troubles are far from over. As Reuters reports, Joaquin Almunia, the European Commission's Vice President of Competition Policy, has revealed that the organization will soon charge Samsung for the company's use of injunctions against Apple in the region. The commission's stance is that the injunctions may have run afoul of antitrust guidelines. Once Samsung has some time to review the specific charges it will be facing, the company will have a chance to plead its case in writing and request a hearing be held. Depending on the outcome, Samsung could be fined as much as 10 percent of the company's total annual revenue. [Via: The Verge]
European Commission clears 2GHz bands for LTE use by 2014, claims 4G pipes wider than the US
European LTE deployments might just be getting started, but the European Commission is already trying to head off any bandwidth problems at the pass. The organization has ordered that 120MHz of normally 3G-only spectrum around the 2GHz band has to be reusable for LTE and other 4G networks by June 30th, 2014. Once the airwaves loosen up, the Commission sees its home continent having an advantage over an LTE-happy US: it expects to have as much as 1GHz of spectrum available for 4G, or potentially twice as much as what Americans might claim. Officials are also mulling plans to repurpose extra slices of 2GHz spectrum that haven't even been used for 3G and could offer that much more headroom. While an edge over the US in bandwidth might not last after policy changes, it's hard to complain if the EC move leads to future smartphones whose downloads stay speedy.
Apple facing European investigation into how it sells AppleCare
Ever hemmed and hawed over buying AppleCare with your shiny new gadget? European chiefs are worried that you don't know all of your rights. They're concerned that Cupertino's warranty-selling practices hide the fact that all customers are entitled to a statutory two-year warranty to fix defects present at sale. The company has already had to open its checkbook to Italian regulators, but pointed out that the protection plan is there to remedy issues that may crop up after you've taken your new toy from its perfectly-engineered box. Nevertheless, commissioner Viviane Reding is pushing for a Europe-wide inquiry into the company, contacting all 27 member states to look into the matter. In the meantime, we're left working out how many times we're likely to drop our new device in the next three years.
European Commission set to fine Microsoft over 2009 browser compliance breach
The European Commission is planning to fine Microsoft for its failure to adhere to a 2009 ruling that required the software giant to offer customers a choice of default web browser. The EU Competition Commissioner, Joaquin Almuni, advised the press that a formal proceeding into the breach -- which Microsoft itself acknowledges -- has begun. Reuters reports that should Microsoft be found on the wrong side of the law, that the resulting fine could be as much as 10 percent of its global turnover. Whether the end sum would be as high as this remains to be seen, but given recent events, you can expected some hurried shuffling of paper in Redmond's accounts department.
Apple appeases European lawmakers with Lightning-to-microUSB adapter
We do love products that only exist to circumvent the finer points of legislation (hello there, Aston Martin Cygnet), but even better are the ones that actually serve a purpose. To comply with the European Commission's insistence that all smartphones must have a microUSB connector, Apple is putting out a Euro-specific adapter for its new Lightning standard. It's turned up in the UK and French stores so far, setting you back £15 / €19 ($25) -- and we imagine it won't be long before some entrepreneurial soul starts buying them in bulk to sell to microUSB users Stateside.
European Commission clears Vodafone, Telefonica UK and Everything Everywhere's mobile wallet and advertising plans
Everything Everywhere's been keeping itself plenty busy on the mobile wallet frontier and its involvement with the slow-burning alliance with Telefonica UK (O2) and Vodafone has finally been given a nod of approval from the European Commission. The joint venture aims to "remove a number of barriers" that are apparently hampering the phone networks' efforts, while it will allow businesses to connect with a single mobile payments system compatible with the majority of the UK's carriers. Take a look at more specifics (including the less thrilling advertising details) at the press release after the break.
European Commission pushes for spectrum sharing, sees 5GHz WiFi getting a lift
The European Commission is well aware that we need spectrum. Rather than make everyone fight for their piece, though, the agency wants us to hug it out. It's proposing a spectrum change that would bring in "much more dynamic sharing" of both licensed and unlicensed radio frequencies. While nothing's definite at this point, the EC's Digital Agenda representative Ryan Heath mentions that the move could give more capacity to WiFi in the unlicensed 5GHz space -- no doubt a relief for anyone who's dealt with an overwhelmed public hotspot. That's not to say that carriers won't benefit. Officials want to provide perks by offering "guaranteed rights" to providers and anyone else that has to share licensed airwaves with others. The sharing initiative is a long distance away from having an impact given that the Commission is calling for help from the European Council and Parliament just to get started, but it could be an important step towards harmony in a land where unoccupied airwaves are rare.
Apple and publishers offer deal to put price fixing scandal behind them in EU
In the US, the e-book price fixing scandal appears to be winding towards its inevitable conclusion. Many of the publishers settled with the DOJ right off the bat, and now the states themselves have gotten three publishing houses to cough up $69 million in their own agreement. (Of course, Apple, Macmillan and Penguin have all decided to go the trial route, but we'll have to wait till next year to see how that plays out.) In Europe, the battle is still raging on, but Reuters is reporting that the accused are offering concessions in a bid to put the antitrust allegations behind them. The only name missing from the list is Penguin, which may or may not be part of the plea deal. Not all the details of the proposals have been revealed yet, and there's no guarantee the commission will accept them. The heart of the settlement, however, would involve allowing Amazon to sell e-books at a discounted price for two years. Would cheaper Kindle books be good, clean fun for the whole family? Sure, but it certainly pales in comparison to the potential penalties if Apple and their publishing partners go to trial.
Everything Everywhere completes sale of spectrum to Three, waits for regulators approval
Three and Everything Everywhere have completed the sale of two 15MHz blocks of the 1,800MHz spectrum, announced yesterday. It follows Ofcom's controversial decision to let the latter network queue-jump to offer LTE services in the UK before the official auction process begins. Three won't be able to use its new toy until its frenemy has vacated it, which could be as late as September next year, but could start preparing 4G internet shortly after. The sale was made due to merger requirements by the European Commission, but still needs approval from Ofcom, but given that it's already handed the company an unassailable head-start, we hardly think it'll be too concerned by the deal.
New EU legislation requires cars to include autonomous braking system
While we're still a long way from living the fully autonomous car dream, baby steps are being taken. The EU evidently shares this dream, and has passed regulations that will require new cars to have emergency self-braking systems (known as autonomous emergency braking, or AEB) if they want to achieve a five-star safety rating. The systems can use radar, laser or video to detect when obstructions or pedestrians are present, and a recent study suggests that the technology reduces accidents by up to 27 percent. Commercial vehicles will have to sport the systems from November next year, and everything else from 2014. Safety aside, we're thinking that anything that can help prevent rear-ending our new ride, is definitely a welcome addition.
European Commission investigating 13 companies for optical drive price fixing
The European Commission is digging it its heels and officially launching an investigation into 13 companies for allegedly rigging bids on optical drives with at least two major OEMs. The companies haven't been named, but it's safe to assume if the Commission is getting involved these aren't two-bit players selling cheap knockoffs. With the Statement of Objections issued, now its a matter of gathering evidence and formally charging those it can build a case against. With an e-book investigation underway and a DRAM conspiracy not far in its past, the existence of an optical drive cartel is probably not the sort of news the Commission wants to hear right now. Sadly, there's not much detail to share, but you'll find the complete and brief PR after the break. Now its just time to sit back and wait to see what companies we're allowed to start hating next.
Intel appeals record-setting $1.45 billion antitrust fine... from 2009
It's been more than three years since being slapped with a record-setting €1.06 billion (roughly $1.45 billion) antitrust fine by the EU, and Intel is finally getting around to putting an appeal in motion. The request for a reversal is going to the second highest court in the union, the General Court in Luxembourg, where Intel's lawyers plan to argue that the evidence used to convict the company was "profoundly inadequate." The Commission that levied the fine was also criticized the European Ombudsman for failures in record keeping and procedure during the original investigation. However, the prosecution is sticking steadfast to its argument that rebates handed out by Chipzilla were clearly a clever ploy to hide its anti-competitive practices. Should the hearing not go Intel's way, there is one last stop on its journey -- the EU's Court of Justice. A loss there would require the rather sizable fine be paid.
Google offers to settle with EU over antitrust gripes, olive branch now fully extended
Google knows that there's a looming EU antitrust lawsuit if it doesn't volunteer some kind of change to its search practices, so it's not entirely surprising that chairman Eric Schmidt has sent a letter offering a settlement to the European Commission's competition chief Joaquin Almunia. The details of just what that potential truce entails are under wraps, although Almunia has long broadcast his concerns that Google might be unfairly favoring its own services above those of others -- he'd be most happy if the results were more organic. It's hard to say whether or not Google is prepared to follow along, but a peace gesture is a sharp break from the company's previously firm view that there's no need to change. We wouldn't be surprised if the EU's recent success in fining Microsoft has left Google hesitant to take its chances in court.
Court upholds EU antitrust decision against Microsoft, reduces fine slightly to $1.07 billion
Europe's second-highest court has finally denied Microsoft's 2008 appeal of its 899 million euro ($1.35 billion) EU antitrust fine, while reducing the award to 860 million euros ($1.07 billion). If you can't remember that far back, Redmond was hit with the penalty for delaying information about its operating system to rival companies, impeding their progress in competing with the software giant. It's not known if a further appeal is possible, but we suspect that the company won't give up if it's got any options -- it's not exactly pocket change we're talking about.
Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated)
The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android. Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future. Update: Nokia's decided to have its say, in an email to Reuters: "Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."
EU competition head gives Google a 'matter of weeks' to offer an antitrust fix
The European Union has been taking a leisurely pace investigating Google over possible antitrust abuses, but it's now accelerating to a full-on sprint. European Commission competition head Joaquin Almunia has given Google just a "matter of weeks" to propose how it would patch things up and soften fears that it was unfairly pushing its own web services over others. If Google makes the Commission happy, Almunia says, the whole investigation might wrap up and avoid fines. Google hasn't responded yet, but we wouldn't guarantee that it makes a deal: its execs have usually argued that there's nothing keeping users from going to another search site, and the company has been eager to emphasize that competition still exists. That said, Google only has to see what happened to Microsoft to know how expensive an EU antitrust fight can be.
Europe votes to cap data roaming prices, will make it cheaper to tweet from Ibiza
European Union countries already had a data roaming cutoff law in place to prevent bill shock after your next Balearic vacation, but the price of the data in question should get much cheaper very soon. The European Parliament has just voted 578 to 10 to cap the price customers pay at no more than 70 Euro cents (91 US cents) per megabyte starting from July 1st, with that price eventually dipping to 45 Euro cents (58c US) a year later and just 20 Euro cents (26 US cents) in 2014. Voice and text price caps are going down to as little as 19 and nine Euro cents (25 and 12 cents US) in that two-year span, and if you're visiting from outside the EU, you'll be glad to hear that the anti-bill shock rule will apply to you this year as well. So, while you still might want to avoid uploading large videos from your phone while in Spain, you'll at least have the option of checking in on Foursquare without having to take out a small mortgage.
European Commission outlines plans for Internet of Things regulation
The Internet of Things is on the rise, and when things get big, they tend to get regulated. The European Commission has spotted this trend, and has decided to get its rubber stamp ready, in a bid to protect individual rights from all the data that it collects, as well as "unleash the potential economic and societal benefits." While this may seem like bureaucratic party-pooping, the Commission points out that much of the information carried includes personal location, preferences and behavioral patterns. There will be an initial consultation to determine the required privacy and security of an IoT infrastructure which will then be fed into the Commission's recommendation -- expected to be presented in summer 2013. The good news is that there's a survey open to citizens and businesses to have their say on how on how the regulation should be administered. Check the more coverage link below to make your opinions heard.
Motorola now officially being investigated for abusing its patents in Europe
Both Apple and Microsoft have formally complained about Motorola's alleged abuse of "standards-essential" patents, and today the European Commission has been equally formal in starting an antitrust investigation into their claims. In fact, there'll be two separate investigations -- one to discover whether Motorola Mobility failed to honor its FRAND obligations when it sought injunctions against the sale of Apple and Microsoft products, and the other to assess whether Motorola has been unfair in the way it has offered to license its standard-essential patents. The authorities have given no clue as to how long this process could take, or what kind of punishments could be meted out at the end of it, but the (almost) Google-owned company is now certainly in for some tumult.