Qualcomm Facing Off With FTC in Antitrust Trial That Kicks Off Today

With the intense ongoing legal battle between Qualcomm and Apple, it's easy to forget that Qualcomm is also facing an FTC antitrust lawsuit for using anticompetitive tactics to remain the main supplier for baseband processors for smartphones.

The FTC hasn't forgotten, though, and FTC lawyers are in a Northern California courtroom before well-known judge Lucy Koh, who also presided over the Apple-Samsung legal fight.


Lawyers for Qualcomm, the FTC, Apple, and other manufacturers have gathered as the trial commences, with the FTC set to argue that Qualcomm refused to provide chips to OEMs without a patent license, refused to license its technology to rivals, and set exclusive deals with Apple.

Manufacturers like Huawei and Lenovo will testify that Qualcomm threatened to disrupt their chip supply during licensing negotiations, forcing them into signing deals.

The FTC first filed a complaint against Qualcomm in January 2017, which was actually the catalyst for Apple's own lawsuit against the company just a few weeks later.

In that complaint, the FTC said that Qualcomm uses its position and its portfolio of patents to impose anticompetitive supply and licensing terms on cell phone manufacturers, impacting its competitors.

Part of the complaint addressed a deal with Apple in which Qualcomm required Apple to exclusively use its modems from 2011 to 2016 in exchange for lower patent royalties. Qualcomm is also accused of refusing to license its standard-essential (FRAND) patents to competing suppliers and implementing a no license, no chips policy to drive up royalty payments beyond what's fair.

Qualcomm attempted to get the FTC's lawsuit against it dismissed, but in June, Judge Koh ruled that the lawsuit would proceed on the basis that the FTC adequately demonstrated that anticompetitive tactics were being used by Qualcomm.

In its defense, Qualcomm has claimed the FTC is using a "flawed legal theory" and has misconceptions about the mobile technology industry. "We look forward to defending our business in federal court, where we are confident we will prevail on the merits," Qualcomm said in a statement in January 2017.

As the FTC trial begins, Apple and Qualcomm's legal battle has also been escalating. As of today, Apple has pulled the iPhone 7 and the iPhone 8 in Germany after Qualcomm won a preliminary injunction in the country.

Qualcomm also won an import ban on older iPhone models in China, which Apple sidestepped through a software update that addressed functionality said to infringe on Qualcomm patents.


This article, "Qualcomm Facing Off With FTC in Antitrust Trial That Kicks Off Today" first appeared on MacRumors.com

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Amazon Sending New Round of Credits to E-Book Buyers as Part of Apple Price Fixing Settlement

Customers who purchased a Kindle e-book between April 1, 2010 and May 21, 2012 may be receiving a credit from Amazon this morning as the retailer continues distributing funds from an antitrust lawsuit levied against Apple back in 2013 by the United States Justice Department.

Emails were sent out to eligible customers in the United States this morning, and Amazon has also set up a website that will list available credits for those who are eligible for a refund.

Apple, along with five other publishers including HarperCollins, Simon and Schuster, Hachette Book Group, Macmillan, and Penguin, was found guilty of conspiring to inflate the prices of e-books to weaken Amazon's dominant position in the market. While the five publishers settled, Apple held out and appealed several times, but was ultimately ordered to pay a total of $450 million.

Apple maintained its innocence throughout the initial trial and appeals, and has argued that its deals with publishers introduced competition to a market that was largely controlled by Amazon. The United States Justice Department did not see it that way, though, as Apple's efforts ultimately raised prices for consumers.


Several rounds of refunds have already been distributed as a result of the lawsuit. In 2014, customers received refunds funded by publishers, and in 2016, refunds totaling $400 million, or the bulk of the money paid by Apple, were sent out. This new round of refunds has also been funded by Apple's settlement and comes from $20 million that was earmarked to pay states that were involved in the lawsuit.

Credits sent out today will last for six months and will need to be spent by April 20, 2018.

Update: Customers are also receiving notices about available Apple credits that are also being distributed today. Credits are being added to Apple accounts automatically and can be used in iBooks, iTunes, and the App Store.


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