/PRNewswire/-- EarthLink, Inc. (NASDAQ:ELNK) , one of the nation's leading Internet service providers, on August 18 filed at the Federal Communications Commission a response to the opposition of applicants to conditions proposed in the Comcast-NBCU merger. In June, EarthLink asked the FCC to deny the merger or adopt a condition requiring Comcast to offer wholesale standalone broadband access to independent Internet service providers.
EarthLink urged the FCC to adopt the condition to ensure the merger does not result in anti-competitive activity that will reduce consumer choice, restrict content diversity, and interfere with Internet competition. In addition to providing consumers a choice for broadband access service, the condition would allow consumers to "break the bundle" and take advantage of video programming available on the Internet without subscribing to cable television service, thereby encouraging broadband investment, competition and adoption.
"The Comcast-NBCU transaction raises the substantial risk that Comcast will use its market power to stifle competition, growth and innovation of online video and other broadband content," said EarthLink General Counsel Samuel R. DeSimone, Jr. "The access condition proposed by EarthLink is a cost-effective solution to these concerns and will benefit U.S. consumers."
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Showing posts with label competition. Show all posts
Showing posts with label competition. Show all posts
Friday, August 20, 2010
Wednesday, August 4, 2010
FTC Settles Charges of Anticompetitive Conduct Against Intel
/PRNewswire/ -- The Federal Trade Commission approved a settlement with Intel Corp. that resolves charges the company illegally stifled competition in the market for computer chips. Intel has agreed to provisions that will open the door to renewed competition and prevent Intel from suppressing competition in the future.
The settlement goes beyond the terms applied to Intel in previous actions against the company and will help restore competition that was lost as a result of Intel's alleged past anticompetitive tactics. At the same time, the settlement will leave the company room to innovate and offer competitive pricing.
"This case demonstrates that the FTC is willing to challenge anticompetitive conduct by even the most powerful companies in the fastest-moving industries," said Chairman Jon Leibowitz. "By accepting this settlement, we open the door to competition today and address Intel's anticompetitive conduct in a way that may not have been available in a final judgment years from now. Everyone, including Intel, gets a greater degree of certainty about the rules of the road going forward, which allows all the companies in this dynamic industry to move ahead and build better, more innovative products."
The FTC settlement applies to Central Processing Units, Graphics Processing Units and chipsets and prohibits Intel from using threats, bundled prices, or other offers to exclude or hamper competition or otherwise unreasonably inhibit the sale of competitive CPUs or GPUs. The settlement also prohibits Intel from deceiving computer manufacturers about the performance of non-Intel CPUs or GPUs.
The FTC settlement goes beyond those reached in previous antitrust cases against Intel in a number of ways. For example, the FTC settlement order protects competition and not any single competitor in the CPU, graphics, and chipset markets. It also addresses Intel's disclosures related to its compiler - a product that plays an important role in CPU performance. The settlement order also ensures that manufacturers of complementary products such as discrete GPUs will be assured access to Intel's CPU for the next six years.
The FTC sued Intel in December 2009 alleging that the company used anticompetitive tactics to cut off rivals' access to the marketplace and deprive consumers of choice and innovation in the microchips that comprise computers' central processing unit, or CPU. These chips are critical components that often are referred to as the "brains" of a computer. The action also challenged Intel's conduct in markets for graphics processing units and other chips.
The FTC alleged that Intel's anticompetitive practices violated Section 5 of the FTC Act, which is broader than the antitrust laws and prohibits unfair methods of competition and deceptive acts and practices in commerce. Unlike an antitrust violation, a violation of Section 5 cannot be used to establish liability for plaintiffs to seek triple damages in private litigation against the same defendant.
Under the settlement, Intel will be prohibited from:
-- conditioning benefits to computer makers in exchange for their promise
to buy chips from Intel exclusively or to refuse to buy chips from
others; and
-- retaliating against computer makers if they do business with non-Intel
suppliers by withholding benefits from them.
In addition, the FTC settlement order will require Intel to:
-- modify its intellectual property agreements with AMD, Nvidia, and Via
so that those companies have more freedom to consider mergers or joint
ventures with other companies, without the threat of being sued by
Intel for patent infringement;
-- offer to extend Via's x86 licensing agreement for five years beyond
the current agreement, which expires in 2013;
-- maintain a key interface, known as the PCI Express Bus, for at least
six years in a way that will not limit the performance of graphics
processing chips. These assurances will provide incentives to
manufacturers of complementary, and potentially competitive, products
to Intel's CPUs to continue to innovate; and
-- disclose to software developers that Intel computer compilers
discriminate between Intel chips and non-Intel chips, and that they
may not register all the features of non-Intel chips. Intel also will
have to reimburse all software vendors who want to recompile their
software using a non-Intel compiler.
The FTC vote approving the proposed settlement order was 4-0, with Commissioner William E. Kovacic recused. The order will be subject to public comment for 30 days, until September 7, 2010, after which the Commission will decide whether to make it final. Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. To submit a comment electronically, please click on: https://ftcpublic.commentworks.com/ftc/intel/.
-----
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The settlement goes beyond the terms applied to Intel in previous actions against the company and will help restore competition that was lost as a result of Intel's alleged past anticompetitive tactics. At the same time, the settlement will leave the company room to innovate and offer competitive pricing.
"This case demonstrates that the FTC is willing to challenge anticompetitive conduct by even the most powerful companies in the fastest-moving industries," said Chairman Jon Leibowitz. "By accepting this settlement, we open the door to competition today and address Intel's anticompetitive conduct in a way that may not have been available in a final judgment years from now. Everyone, including Intel, gets a greater degree of certainty about the rules of the road going forward, which allows all the companies in this dynamic industry to move ahead and build better, more innovative products."
The FTC settlement applies to Central Processing Units, Graphics Processing Units and chipsets and prohibits Intel from using threats, bundled prices, or other offers to exclude or hamper competition or otherwise unreasonably inhibit the sale of competitive CPUs or GPUs. The settlement also prohibits Intel from deceiving computer manufacturers about the performance of non-Intel CPUs or GPUs.
The FTC settlement goes beyond those reached in previous antitrust cases against Intel in a number of ways. For example, the FTC settlement order protects competition and not any single competitor in the CPU, graphics, and chipset markets. It also addresses Intel's disclosures related to its compiler - a product that plays an important role in CPU performance. The settlement order also ensures that manufacturers of complementary products such as discrete GPUs will be assured access to Intel's CPU for the next six years.
The FTC sued Intel in December 2009 alleging that the company used anticompetitive tactics to cut off rivals' access to the marketplace and deprive consumers of choice and innovation in the microchips that comprise computers' central processing unit, or CPU. These chips are critical components that often are referred to as the "brains" of a computer. The action also challenged Intel's conduct in markets for graphics processing units and other chips.
The FTC alleged that Intel's anticompetitive practices violated Section 5 of the FTC Act, which is broader than the antitrust laws and prohibits unfair methods of competition and deceptive acts and practices in commerce. Unlike an antitrust violation, a violation of Section 5 cannot be used to establish liability for plaintiffs to seek triple damages in private litigation against the same defendant.
Under the settlement, Intel will be prohibited from:
-- conditioning benefits to computer makers in exchange for their promise
to buy chips from Intel exclusively or to refuse to buy chips from
others; and
-- retaliating against computer makers if they do business with non-Intel
suppliers by withholding benefits from them.
In addition, the FTC settlement order will require Intel to:
-- modify its intellectual property agreements with AMD, Nvidia, and Via
so that those companies have more freedom to consider mergers or joint
ventures with other companies, without the threat of being sued by
Intel for patent infringement;
-- offer to extend Via's x86 licensing agreement for five years beyond
the current agreement, which expires in 2013;
-- maintain a key interface, known as the PCI Express Bus, for at least
six years in a way that will not limit the performance of graphics
processing chips. These assurances will provide incentives to
manufacturers of complementary, and potentially competitive, products
to Intel's CPUs to continue to innovate; and
-- disclose to software developers that Intel computer compilers
discriminate between Intel chips and non-Intel chips, and that they
may not register all the features of non-Intel chips. Intel also will
have to reimburse all software vendors who want to recompile their
software using a non-Intel compiler.
The FTC vote approving the proposed settlement order was 4-0, with Commissioner William E. Kovacic recused. The order will be subject to public comment for 30 days, until September 7, 2010, after which the Commission will decide whether to make it final. Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. To submit a comment electronically, please click on: https://ftcpublic.commentworks.com/ftc/intel/.
-----
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Tuesday, June 22, 2010
EarthLink Files Opposition to Comcast-NBCU Merger; Seeks to Enhance Consumer Choice of Internet Services
PRNewswire -- EarthLink, Inc. (NASDAQ:ELNK) , one of the nation's leading Internet service providers, today filed at the Federal Communications Commission a Petition to Condition or Deny the proposed merger of Comcast Corporation and NBC Universal. (See http://www.earthlink.net/go/merger for EarthLink's Petition.)
EarthLink believes the transaction would result in Comcast engaging in a range of anti-competitive actions that will reduce consumer choice, restrict content diversity, and interfere with Internet competition. To remedy these harms, EarthLink proposed the FCC adopt a condition requiring Comcast to offer wholesale standalone broadband access to independent Internet service providers. EarthLink's successful and long-standing wholesale relationship with Time Warner Cable demonstrates that merger conditions implementing competitive broadband access can enhance consumer choice and create commercial benefits for all parties.
"The access condition that EarthLink proposes today for the Comcast-NBCU merger will be a win for consumers and a win for online competition," said EarthLink Chairman and Chief Executive Officer Rolla Huff. "The condition essentially enables Comcast customers to 'break the bundle' and purchase only the services they need or want. We look forward to working with the FCC and the U.S. Department of Justice to ensure the transaction results in greater consumer choice and competition."
-----
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EarthLink believes the transaction would result in Comcast engaging in a range of anti-competitive actions that will reduce consumer choice, restrict content diversity, and interfere with Internet competition. To remedy these harms, EarthLink proposed the FCC adopt a condition requiring Comcast to offer wholesale standalone broadband access to independent Internet service providers. EarthLink's successful and long-standing wholesale relationship with Time Warner Cable demonstrates that merger conditions implementing competitive broadband access can enhance consumer choice and create commercial benefits for all parties.
"The access condition that EarthLink proposes today for the Comcast-NBCU merger will be a win for consumers and a win for online competition," said EarthLink Chairman and Chief Executive Officer Rolla Huff. "The condition essentially enables Comcast customers to 'break the bundle' and purchase only the services they need or want. We look forward to working with the FCC and the U.S. Department of Justice to ensure the transaction results in greater consumer choice and competition."
-----
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Tuesday, March 10, 2009
iWebTrack™ Announces the iPhone™ Application Development Competition
(BUSINESS WIRE)--iWebTrack Holdings Inc., whose main analytics product iWebTrack™ www.iwebtrack.com, kicked off 2009 with a bang by becoming one of the first web analytics provider to offer mobile tracking applications. iWebTrack™ previously released improved mobile applications for both Blackberry™ and Windows Mobile™ platforms, and is now in search of the optimal mobile application for the iPhone™. iWebTrack™ will be holding the iPhone™ Application Development Competition made possible due to Open iWeb.
Open iWeb, www.openiweb.com, is a community created to help foster the development of unique applications around iWebTrack™’s open API. iWebTrack™ is one of the first web analytics provider to offer a public API for third party developers. Open iWeb increases iWebTrack™’s functionality by providing public access to iWebTrack™’s raw data therefore allowing third party developers to create customizable reports. Open iWeb also provides a platform for the development of new and unique software such as the iPhone™ Web Tracking Application.
The iPhone™ Application Development Competition is open to the public and runs from March 9-May 1, 2009. Contestants will develop an iPhone™ Web Tracking Application designed specifically for iWebTrack™. The winner will be announced on May 15th, 2009 and will be awarded a $5,000 grand prize. Submissions will be judged based on ease of use, features offered, GUI, ease of navigation, level of performance, and overall application speed. Visit www.openiweb.com for detailed contest information.
The iPhone™ Application Development Competition would not be possible without Open iWeb. iWebTrack™, www.iwebtrack.com, is one of the first among competitors such as ClickTracks™, IndexTools™, WebTrends™, and Google Analytics™ to offer an open API for their web analytics tool. For more information about Open iWeb and the iPhone™ Application Development Competition please visit www.openiweb.com.
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Open iWeb, www.openiweb.com, is a community created to help foster the development of unique applications around iWebTrack™’s open API. iWebTrack™ is one of the first web analytics provider to offer a public API for third party developers. Open iWeb increases iWebTrack™’s functionality by providing public access to iWebTrack™’s raw data therefore allowing third party developers to create customizable reports. Open iWeb also provides a platform for the development of new and unique software such as the iPhone™ Web Tracking Application.
The iPhone™ Application Development Competition is open to the public and runs from March 9-May 1, 2009. Contestants will develop an iPhone™ Web Tracking Application designed specifically for iWebTrack™. The winner will be announced on May 15th, 2009 and will be awarded a $5,000 grand prize. Submissions will be judged based on ease of use, features offered, GUI, ease of navigation, level of performance, and overall application speed. Visit www.openiweb.com for detailed contest information.
The iPhone™ Application Development Competition would not be possible without Open iWeb. iWebTrack™, www.iwebtrack.com, is one of the first among competitors such as ClickTracks™, IndexTools™, WebTrends™, and Google Analytics™ to offer an open API for their web analytics tool. For more information about Open iWeb and the iPhone™ Application Development Competition please visit www.openiweb.com.
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