Antitrust Issues? Please, They Cannot Be Sirius
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By A Barton Hinkle  There is something strange about the decision by satellite radio companies XM and Sirius to merge.
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The FCC has some meaningful duties, but regulating content shouldn't be one of them. Commentary by Adam L. Penenberg.
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Peace on Earth? Not between these two retailers.
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Blog: Recording industry tells federal regulators the proposed merger shouldn't be approved unless the combined satellite radio providers pay "fair market" royalties and do more to protect their content.
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DonÂt buy that high-definition TV yet. Competition may force the prices down further.
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Blog: Roy Russo argues that open source vendors are monopolies waiting to happen.  Here's why he's wrong.
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Like many, I was pretty shocked by the recent Microsoft-EU deal to settle the long-running investigation into interoperability issues.  This was not so much because of the way Microsoft has used every kind of delaying tactic it could before eventually agreeing (for the nth time) to try harder in the future.  My real dismay was provoked by the gap between appearance and reality â a chasm that I think bodes ill for the future of open source. read more
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Deal masks interest in controversial digital distribution patents?
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Did I say there wouldn't be a bidding war? Whoops.
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After tossing Wi-Fi start-up bids for exclusive control of fallow spectrum, federal regulators want public input on how to proceed. Will a new fight over "open access" rules emerge?
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Critics charge conflict of interest in a system where pharmaceutical giants fund the regulatory process. By Alexandra Marks | Staff writer of The Christian Science Monitor.
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The much-anticipated merger between Sirius and XM brings up some important issues. Plus: 10 gadgets for writers. In Gadget Lab.
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Unlaunched TotalMusic prompts price fixing concern Two major labels have been served notice of a fresh antitrust investigation, a music business newsletter reports today. MusicAlly's daily Bulletin suggests that the as-yet-unlaunched TotalMusic service, currently backed by Universal and Somy BMG, has prompted notices from the US Department of Justice. The report suggests all four major labels have been contacted.â¦
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(InfoWorld) - No one used the 'L' word, but both sides in the Microsoft Corp. antitrust battle in Europe accused each other of lying about basic facts surrounding the latest twist in the long-running saga that emerged Thursday. The European Commission sent Microsoft a so-called statement of objections Thursday accusing the software vendor of failing to provide interoperability information on "reasonable and non-discriminatory terms." This was a requirement laid out in the landmark 2004 antitrust ruling against the company. In its statement the Commission said the software giant proposes overcharging for vital interoperability information needed by software makers to allow their products to work properly with the Windows operating system. It dismissed almost all of the information Microsoft proposed revealing as not innovative and therefore not worth the price the company wants to charge to license it. Competition commissioner Neelie Kroes said Microsoft had agreed that the innovativeness of the information should be the main criterion when setting the price, but in a conference call with journalists later Thursday, Microsoft top lawyer Brad Smith denied his company had agreed innovativeness should be the main criterion. "We told the Commission we believe innovation is one of three main elements. We don't have the same interpretation of what had been established [between Microsoft and the Commission]," he said. Then ECIS, the European Committee for Interoperable Systems, accused Microsoft of misleading journalists by citing a study by accountants Price Waterhouse Coopers (PWC), which, according to the software company, shows that the prices Microsoft wants to charge for licenses to the interoperability information are 30 percent below normal market rates. "It is an outrageous comparison," said Thomas Vinje, ECIS's legal advisor and a partner in the Brussels office of law firm Clifford Chance. "The PWC study compares the prices Microsoft wants to charge with the market price for much more valuable information such as software code, documentation, and full redistribution rights," he said. "What people will get with Microsoft's interoperability information is a lot less valuable. To compare it with the sort of information in the PWC study is like comparing apples with... some withered fruit," he added. The actual prices Microsoft wants to charge for licensing out the interoperability information are too complicated to share with journalists, Microsoft spokesman Tom Brookes said. He warned inquisitive journalists that there is no simple price list. The Commission believes that if all software vendors bought licenses it would amount to around 35 percent of the net profit of the industry. Microsoft's Smith dismissed this, saying: "I don't think you can conclude that." He said that if all vendors bought the licenses the total revenue Microsoft would earn would total around US$30 million -- a tiny fraction of annual software industry profits. "That $30 million figure bears no resemblance to reality, and if Microsoft can't explain how they reached this figure it has absolutely no value," Vinje said. Microsoft has four weeks to respond toÂ the latest statement of objections, after which it faces daily fines of up to â¬3 million (US$3.9 million). In the meantime, the Commission is expected to conclude its assessment of the substance of the interoperability information Microsoft submitted. It doesn't have to be innovative. In fact Microsoft's rivals, including ECIS, argue that much of the information competitors need in order to build their software so that it interoperates with the ubiquitous Windows OS on PCs is quite straightforward. Nevertheless, if it isn't revealed then rivals are stuck, Vinje said. Commission spokesman Jonathan Todd told journalists Thursday that Microsoft's continued failure to comply with the antitrust ruling is unprecedented. "In the 50 years of European antitrust policy, it's the first time we've been confronted with a company that has failed to comply with an antitrust decision," he said. "You have to look at their attitude faced with other antitrust authorities in other jurisdictions. This is a company that apparently does not like to have to conform with antitrust decisions," Todd added.
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Concerns fade over congressional interference in XM-Sirius deal.
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This week, the US Federal Trade Commission is apparently not yet satisfied that Intel has adequately addressed its standard antitrust concerns. Today, Intel announced it received what is formally called a "second request" notice from the FTC.
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Many telecommunications officials and some FCC officials cite BPL as a reason for deregulation. They say that three wired choices, plus wireless offerings, would guarantee that no company could gain monopoly power.