European Union to officially charge Samsung in antitrust case
Samsung will soon face formal charges in an antitrust case from the European Commission, which claims the South Korean company broke competition rules by filing patent lawsuits against Apple.
"We will adopt a statement of objections very soon. I don't know if before the end of this year or the beginning of next year because we are in the last step of our internal procedures," Joaquin Almunia, the European Union's antitrust chief, said to the Financial Times.
The news comes roughly 48 hours after Samsung dropped injunction applications against Apple in five European countries. Despite Samsung's withdrawals, the European Commission—the executive body of the EU in charge of the union's policies—is moving ahead with its decision, even though it was reportedly content with Samsung's recent actions.
"We are very happy if these [requested] injunctions are withdrawn but we will continue to investigate the possible abuses that existed . . . in the past," Almunia said.
Samsung was first notified by the EC in January that it was under investigation to assess whether or not the company had used patent rights to "distort competition in European mobile device markets," and thereby breached EU antitrust laws.
The EU's charge is the latest development in the sprawling legal battles between Samsung and Apple. Most significantly, a California jury in August called for Samsung to pay Apple nearly $1.05 billion in damages over patent infringement.
"We will adopt a statement of objections very soon. I don't know if before the end of this year or the beginning of next year because we are in the last step of our internal procedures," Joaquin Almunia, the European Union's antitrust chief, said to the Financial Times.
The news comes roughly 48 hours after Samsung dropped injunction applications against Apple in five European countries. Despite Samsung's withdrawals, the European Commission—the executive body of the EU in charge of the union's policies—is moving ahead with its decision, even though it was reportedly content with Samsung's recent actions.
"We are very happy if these [requested] injunctions are withdrawn but we will continue to investigate the possible abuses that existed . . . in the past," Almunia said.
Samsung was first notified by the EC in January that it was under investigation to assess whether or not the company had used patent rights to "distort competition in European mobile device markets," and thereby breached EU antitrust laws.
The EU's charge is the latest development in the sprawling legal battles between Samsung and Apple. Most significantly, a California jury in August called for Samsung to pay Apple nearly $1.05 billion in damages over patent infringement.
Comments
Yay.
We will adopt a statement of objections very soon.
Wait, shouldn't they know why they're doing what they're doing before they do it?
It sounds like they know, but they have to go through a procedure to make it official.
Quote:
Originally Posted by TBell
No this likely has to do with the EU investigating Samsung and Motorola's over their attempts to use FRAND patents to gain injunctions.
TBell did call this 2 days back.
http://forums.appleinsider.com/t/155083/samsung-drops-injunction-applications-against-apple-in-5-european-countries
Quote:
Originally Posted by lkrupp
Move along, nothing to see here. Apple is not mentioned in a negative way so this story will be buried by the tech media in short order. Samsung could be called the teflon of tech. Nothing sticks to it. Chinese factory labor issues, problems with hardware and software, anti-trust violations, patent infringement, the list goes on. Nothing sticks. Apple, on the other hand, is like flypaper hanging on the porch. Every little hiccup is blown up into monstrous proportions, enhanced by jerk pundits, fodder for the iHaters. Everything negative sticks to Apple these days.
That's because Google pays a small army of people to go onto any site that accepts comments and lie through their teeth to spin everything.
Serves Samsung right for calling out Mr Almunia a few weeks back, saying they weren't at all worried about the EU taking action anytime in the near future since they move so slow. I think Samsung got his attention.
This will then force Samsung to behave better.
Originally Posted by jameskatt2
Yay for the European Union. They need to designate Samsung as an antitrust violator and monopolist.
This will then force Samsung to behave better.
Just kick them off the continent.
Quote:
Originally Posted by Tallest Skil
Yay.
Wait, shouldn't they know why they're doing what they're doing before they do it?
I suspect they mean issue the formal written document listing the objections, which starts a process.
Quote:
Originally Posted by Evilution
http://forums.appleinsider.com/t/155083/samsung-drops-injunction-applications-against-apple-in-5-european-countries
Thanks for the props.
Quote:
Originally Posted by anonymouse
That's because Google pays a small army of people to go onto any site that accepts comments and lie through their teeth to spin everything.
I don't know if Google does that, but it would not surprise me. Microsoft used to do that to Apple when Windows first came out. Various governments are known to do this as well.
Quote:
Originally Posted by lkrupp
Move along, nothing to see here. Apple is not mentioned in a negative way so this story will be buried by the tech media in short order. Samsung could be called the teflon of tech. Nothing sticks to it. Chinese factory labor issues, problems with hardware and software, anti-trust violations, patent infringement, the list goes on. Nothing sticks. Apple, on the other hand, is like flypaper hanging on the porch. Every little hiccup is blown up into monstrous proportions, enhanced by jerk pundits, fodder for the iHaters. Everything negative sticks to Apple these days.
It's the new "politically correct". People love to attack and tear down the wealthy and successful, in this case, Apple.
Also, I don't quite understand how using courts can actually qualify as "distorting the rules of competition".... Competition is done on the marketplace, not in courts.
But maybe I'm just not following well enough, or my lawyer-allergy makes me incapable of getting the whole picture
Quote:
Originally Posted by SpamSandwich
It's the new "politically correct". People love to attack and tear down the wealthy and successful, in this case, Apple.
Also, like Henry Ford or the Bush family, sometimes the wealthy and successful are very friends with Adolf Hitler and Pinochet. Being rich and successful is no reason to be a target, it's no reason for immunity either.
Quote:
Originally Posted by Gatorguy
Serves Samsung right for calling out Mr Almunia a few weeks back, saying they weren't at all worried about the EU taking action anytime in the near future since they move so slow. I think Samsung got his attention.
That's pretty funny. Out of curiosity, do you know if use/misuse of SEPs has been tested there before in this manner? I'm curious as to the typical method of recourse if the two sides can't agree on terms.
Quote:
Originally Posted by SpamSandwich
It's the new "politically correct". People love to attack and tear down the wealthy and successful, in this case, Apple.
The media certainly likes to attack the successful, Apple in particular. However, considering the wealthy have more influence in creating legislation via their well funded lobbying efforts, it only seems fair to direct attacks towards them when things go wrong for the rest of us.
Quote:
Originally Posted by lightknight
I love how the same EU that is derided for telling Apple off for the AppleCare spin is suddenly a hero.
Also, I don't quite understand how using courts can actually qualify as "distorting the rules of competition".... Competition is done on the marketplace, not in courts.
But maybe I'm just not following well enough, or my lawyer-allergy makes me incapable of getting the whole picture
The EU is very consumer friendly. I certainly didn't voice complaints over the investigation you cite. However, I did take issue with the publisher price fixing complaint also going on in the US.
Under no traditional definition of anti-trust has Apple's iBooks Store engaged anti-competitively.
Time update FRAND...it should specify the trigger point and cost of the license then it would be considered fair. If they won't, reject it as a standard.