US Government to Launch 'Magical' Antitrust Probe Against Apple

Magical & Revolutionary Probe of an Unbelievable Company

SAN FRANCISCO—May 3 27, 2010—Apple® today announced that it will be the subject of a revolutionary federal antitrust probe. In fact, Apple is so popular that the only question is which federal regulatory body will get the chance to charge Apple with anti-competitive behavior that is more egregious and far reaching than that of any other US corporation. Both the US Department of Justice and Federal Trade Commission are competing for the right to share the stage with Apple in court.

"With the iPhone, iPod, and now the iPad, we offer the most magical and revolutionary anticompetitive practices of any high-tech company," said Steve Jobs, Apple's CEO. "We have created and defined an entirely new category of anticompetitive behavior that will prevent third party developers from easily porting their applications to other platforms, all while locking users into a digital media and apps ecosystem in a much more intimate, intuitive and fun way than ever before."

Regulators are still days away from deciding which brilliant agency will take on Apple and its next-generation anticompetitive practices, but we just couldn't wait to tell you the news. And since our market cap of $237.6 billion exceeds that of the world's largest retailer, Wal-Mart, whose market cap is a paltry $201.7 billion, we should be able to defend ourselves legally for many years to come. This explains, too, why we've never paid a dividend or split the stock.

The eventual trial will be carried live on the iTunes® Store, which gives you access to the world's most popular online music, TV and movie store with a catalog of over 11 million songs, over 50,000 TV episodes and over 8,000 films including over 2,000 in stunning high definition video. Each hour of court room video will cost $1.29, and will play only on Apple's devices and software.

Apple ignited the personal computer revolution in the 1970s with the Apple II, which was outsold by various Commodore and Atari machines. It reinvented the personal computer in the 1980s with the Macintosh, when it copied the Xerox Star. Today, Apple continues to lead the industry in innovation with its award-winning computers, OS X operating system and iLife and professional applications, none of which are used by more than 4 percent of the computer-using public. Our iPod portable music and video players, iTunes online store, and iPhone products have proven to be dramatically more popular.

Press Contacts:
Colin Smith
Apple
colins@apple.com
(408) 862-1171

Bill Evans
Apple
bevans@apple.com
(408) 974-0610

Discuss this Article 39

pthurrott
on May 3, 2010
This is provided for humor purposes only. Thoughtful discussion of whether Apple is, in fact, abusing its market power is fine. But let's keep the silliness to a minimum. You know, like I have :)
panache1023
on May 3, 2010

It appears that, according to Yahoo stocks, AAPL has split the stock 3 times, if you look at their "basic charts"...it could be more since that chart only goes back to 1985, but either way, three times would be three times more than "never split the stock".

right?

pthurrott
on May 3, 2010
LOL. It's supposed to be funny, not accurate. You know, like a real Apple press release. Geesh. :)
joe-dokes
on May 3, 2010

Apple is trying to build the iPhone, iPod Touch, iPad ecosystem and as a result wants developers to use it's tools because they feel that it will help developers produce better applications that take better advantage of the available APIs.

Apple is trying to prevent the applications for the iPhone, iPod Touch, and iPad from becoming the cesspool that has infected Windows.  For years Windows users touted the number of available applications as proof of the superiority of the Windows ecosystem, and in reality there was a sense at the beginning of the millennium that the Mac ecosystem was becoming marginalized.  Yet, this great strength of Windows, a strong developer community, has becoming a liability in the amount of adware, spyware, and malware that affects the system.  Apple wishes to prevent this from happening to the iPhone / iPad ecosystem.

While wanting to prevent the explosion of adware, spyware, malware is commendable, dictating the tools used to make applications is unreasonable.  I welcome the DOJ investigation because this does seem to me to a restraint of trade.

Regards

Joe Dokes

tayme
on May 3, 2010

Paul - As I read this, I was wondering if anybody would see the "Humor" tag, Now they will have no excuses for not realizing it.

Regarding the abuse of market power...many point to the Mac OSX market share as proof that they have no monopoly and do not realize, or jsut ignore the fact, that the monopoly is not in the desktop, laptop, or server OS market...but in the portable media player and application development market. Depending on how they enforce the new "rules", they very well may begin to abuse that monopoly. Remember, having a monopoly in and of itself, is not illegal.

--tayme

Dipsh t Admin
on May 3, 2010

Good one, Paul.  I'm sure you will be rejecting tons of vitriolic comments on this one.

meason
on May 3, 2010

I think the time is right for Microsoft to lock out all other development tools outside of Visual Studio, heck even ban websites not created in visual studio....

meason
on May 3, 2010

will the potential charges be rejected by apple because it does not come in a nice Aluminum enclosure with an apple logo that glows on the back and has a single button to open it to expose the paperwork?

or will the enclosed paper work be rejected because it was not produced with Pages and there for probably breaks some agreement it created.

Nickelgreen
on May 3, 2010

This is really funny, Paul :-)

But as in all parodies/jokes there's a slight portion of truth.

Interframe
on May 3, 2010

LOL. I dont know why anyone would say this "press release" is misleading. Regular Apple Press Releases are more misleading than this one.

Thankfully, this is the one place on the internet where you can criticize Apple and not receive death threats. If look elsewhere at most other Tech websites, what you`ll witness is the most pathetic and lowest form of journalism, that is journalists appeasing the bully (Apple).

In a couple of years, we`ll see a press release very similar to this one from Apple.

panache1023
on May 3, 2010

Paul...

I didn't get the humor because most of the other stuff, while being sarcastic, did seem to contain a lot of truth...

abw1987
on May 3, 2010

LOL, this is hysterical.

But as much as I hate Apple, I think they need to be left alone.  Whenever Microsoft gets investigated *cough cough* EU *cough cough*, my reaction is not "well they'd better investigate Apple as well", but rather "just leave them alone."

No one is forcing people to buy iPods and iPhone apps.  And even if Apple eventually crushed the competition to the extent where there were literally no more options on the market, I still wouldn't care.  Unless the product is a bare necessity, I think the free market should be left to run free.

rr0de74@live.com
on May 3, 2010

" Remember, having a monopoly in and of itself, is not illegal. "

This is true.  It comes down to using your over whelming size/power to maintain that monopoly with unfair practices.

The only place Apple even comes close to being a monopoly is with the iPod market.  Even then I dont think they haver been accused of any unfair practices.

I asuming the whole point of this post is humor based on the news of a possible Anti-Trust suit on the ban of flash to iphone?  My prediction if the suit is brought it will fail miserberly.

pthurrott
on May 3, 2010
LOL. re: "It just needs '--sent from my iPad' on the bottom". Good stuff, I wish I had thought of that :)
mikegalos@msn.com
on May 3, 2010

Interframe

"Thankfully, this is the one place on the internet where you can criticize Apple and not receive death threats."

Unfortunately not actually true.

I got several threatening private emails for saying things that annoyed the Apple fans here including one actual death threat. Unfortunately, the world is not as sane a place as we'd like on some subjects.

subzerohitman721
on May 3, 2010

Nice stuff Paul. Let me interject some thoughts.

rr0de74 - Apple does have a monopoly called the iTunes Store. It has over 70 percent of the world's digital music sales. Apple also has a monopoly with the App Store, which has a huge market-share vs any of it's competition. Third, the video part of the iTunes store is also a monopoly.

However as Tayme said, having a monopoly is not illegal. However, according to both the Sherman Anti-Trust & Clayton Act, which also governs competition laws in the U.S., there are specific conditions that can trigger a violation of the law. According to the Sherman Anti-trust Act, ""Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony..." An attempt to monopolize such as locking out third party compilers such as Novell's, Adobe's, & other parties, is illegal. Same can be said for locking out third party API's.

The Clayton Act bars exclusive dealing agreements, tying arrangements, along with mergers and acquisitions that substantially reduce market competition. The acquisition & shutdown of Lala for example. The iPhone OS 4 agreement which makes an exclusive deal with Apple.

There's plenty here for the FTC & the DOJ to investigate.

I just hope that they magically are convicted & prosecuted to the fullest extent of the law. Let's see the Jobs Distortion Reality Field match up against the wrath of a judge's legal hammer. I guarantee all that Apple speak of "magical & revolutionary" doesn't hold water in a court of law.

As for controlling the cesspool of Windows, I would think after the latest point update from Apple for Snow Leopard that had anywhere from 437 MB update to 737 MB update, that the real cesspool is badly written code within OS-X. Don't go there about Service Packs, because Service Packs are roll-ups of already distributed patches. Point updates from Apple are brand new patches. From Leopard to Snow Leopard, the size & amount of patches have been increasing just like they have on the Windows side.

Yes, Windows has malware issues for a long time. Microsoft has a real problem. However, I like to point to a quote written by Benjamin Franklin. "They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. " To risk developers creative freedom & liberties for the sake of any kind security, have traded something valuable for nothing. OS-X has plenty of malware & vulnerabilities. If hackers targeted Snow Leopard like they did Windows, Apple would have a security nightmare on it's hands. The difference is that most hackers target what is the easiest to target & that unfortunately is the OS with 92 percent of the desktop market called Windows.

It maybe more secure, but locking down platforms, barring competition, barring API's, is also highly ILLEGAL. You knew the EU & the DOJ would have field day with this stuff. Why didn't anyone at Apple's legal department advise Steve Jobs of the very slippery slope that he was proposing?

I think if this goes to trial, Apple will have hard time defending itself. This is U.S. vs Microsoft all over again.

pthurrott
on May 3, 2010
So, getting serious for a moment, I don't believe this is a monopoly issue, if the rumors are correct. That is, I think it's more of a restraint of trade issue. When you think about the recent iPhone development restrictions Apple put in place, and then look up restraint of trade (say on Wikipedia), you can sort of picture that being the case.
jeffsters
on May 3, 2010
Wow...based upon what people here think is an ILLEAGAL monopoly we need some people to retake Business Law 101!
EricoF3
on May 3, 2010

Haa!! This is why Apple don't pay dividend...

Yes sure... Apple is like a dictator... They put all the money in their pocket...

Waethorn
on May 3, 2010

On a related note, Apple should be charged for anticompetitive practises for edging out third-party service centers.

To the point, they should be charged for using miniscule Torx screws in notebooks that nobody has the proper-sized tools for (because nobody else in their right mind would use such an uncommon screw at such a small size).  I had to replace a hard drive in a Powerbook a short while back, and I swear to God, I had to take out nearly 40 almost all completely different screws to get to it.  On most systems, it's 2 screws for the hard drive panel, and 2-4 more to take the hard drive out.  Then there's those stupid removeable plastic pieces where the keyboard clips in just above the optical drive.  I mean, who designs this crap?!  (Johnathan Ive, I'm looking at you!)

rr0de74@live.com
on May 3, 2010

@subzero I agree that Apple almost has a monopoly with iTunes, but as far as I know Apple has not used unfair practices to create or keep this monopoly.

If Apple were to say to music label A "If you allow Amazon to sell your music we will give you less of a cut for songs sold on iTunes or you can sell songs anymore on iTunes" THEN Apple would be in trouble.  Of course this would be the kind of thing that would be hush, hush and hard to prove until you found some email.......like the famous Bill Gates email's

As far as your malware/patch size downloads here is one for you to take a look at....

www.microsoft.com/.../details.aspx

Not so small.  In the end consumers dont care patch sizes they care only if they get maleware and on a Mac so far that is not possible.

Also the difference between Apple and Microsoft is that Apple owns the whole product/solution.  

They own the iPhone(iPod, iPad, etc) the OS, the Store and the tools to develop for it....and the Apple stores. The dont rely on partners like HP or Dell.  Owning the whole product makes them different as they succeed or fail all on their own.  So they can lock down the platform, API's etc.  

A perfect example would be the Xbox 360, the PS3, the Wii and the Zune.  All of them are locked down.  I mean can I plug a Zune into iTunes and make it work?  Can I force MS to allow my new fangled controller I invented to work on the 360?...the Wii?  Can I force Sony to publish my games I write on PSN?

SandmanX82
on May 3, 2010

Haha, I immediately thought of The Onion while reading this.

gavers
on May 3, 2010

The date seems a little... magical

chuckb84
on May 3, 2010

The sole source of all these rumors is the New York Post? And even the Post says "Apple may be in the eye of regulatory storm." May.

I know you desperately wish this to be true, but it isn't anything but a rumor at this point.

The Post goes on to say, "Apple put its might on full display last week when Jobs wrote a scathing explanation for why Adobe's Flash programming language was unfit to be used on Apple products. The day his missive was released, Adobe shares fell 2 percent."

I like that, a "scathing explanation"! Damn, facts are such PESKY things aren't they?

This, along with your reporting on the iPad sales of over 1 million, as if that's bad(!), really reeks of sour grapes.

johnpapola
on May 3, 2010

This is a scam being concocted by Apple’s politically connected competitors just as Microsoft’s trial was a sham that they didn’t deserve.

FTC should be eliminated.

meeyou
on May 3, 2010

Excellent. So when are Microsoft bringing the pizazz of Bill back tot the fold to give them a personality face lift? :)

SandmanX82
on May 3, 2010

@rrode74

"If Apple were to say to music label A "If you allow Amazon to sell your music we will give you less of a cut for songs sold on iTunes or you can sell songs anymore on iTunes" THEN Apple would be in trouble."

I thought they already did something similar to this. I don't remember the details at all, but I believe Amazon has this thing where every week they'll offer up a new album a day before everyone else has it, and Apple started threatening the labels that if they partake in it then they'll screw them over on iTunes by not promoting them or something like that (again, I don't really remember the details).

@chuckb84

My goodness, get a sense of humor. You must be a blast at parties.

yoshipod
on May 3, 2010

Maybe we should launch an anti trust probe against Winsupersite.  Paul is now limiting what users can post on his comments. That must be restraint of trade....or at least like what Apple does with the app store.

:)

wlow3
on May 3, 2010

"[The inquiry] ... will focus on whether the policy, which took effect last month, kills competition by forcing programmers to choose between developing apps that can run only on Apple gizmos or come up with apps that are platform neutral, and can be used on a variety of operating systems, such as those from rivals Google, Microsoft and Research In Motion."

So, this is not about prohibiting anyone from doing anything except use write once/run everywhere developing apps in the iPhone/iPad. So you think that when a judge understands that developers can write for any platform they choose but might have to write extra code for their X application on the iPhone/iPad platform that he will see it as some sort of restraint of trade issue.

Apple has no incentive to restrain developers. They do have incentive to prohibit middleware that might bog down dependent developers if that middleware developer can not or will not keep up with Apple. Adobe taking 10 years to fully implement Cocoa, the last major 3rd party developer to do so, and taking forever, say, just to make Flash use h.264 hardware decoding on the Mac platform, something that would provide real CPU improvements for Flash on the Mac -- these might be evidence of that concern being quite real.

So being dependent on an Apple compiler, from a company who has every incentive to keep innovating, is worse than being dependent on a middleware compiler maker, one who has demonstrated that keeping up with the Mac platform is not a priority. Uh, okay.

marc57
on May 3, 2010

Apple already has a nane for the I-tunes show.

Apples Magical Adventure.

Logjamming
on May 3, 2010

And, of course, IE market share has now dropped below 60%, giving it its lowest percentage since 1999.

About the time Microsoft was being investigated by the FBI by putting Netscape out of business. Which was a lot more severe than this 'Apple may be...' posts.

Let's youtube: www.youtube.com/watch

crashguy
on May 4, 2010

It would be so easy to attack Apple, due to my own personal opinion's on the constant Microsoft government issues, but i must for once stand up for Apple (which hurts).

Apple's iPhone, iPod Touch and iPad platform's are Apple's platforms. They have developed them, they have paid to research them, create them, market them, and they are responsible, in the important financial ways, for their success.

Does Apple not have the right to decide what happens with their platform? perhaps as advocates for open, we would like to think otherwise, but let's face it, the closed ecosystem has certainly helped keep the products high quality.

iTunes is a closed platform yes, they require you to own one of their players, but in fairness, they are a company wanting to make money. This is the same argument i would use with Microsoft. Why should Apple spend their money to develop there products, for the betterment of other companies? i believe such an idea is unrealistic, and is, in itself, anti-competitive against Apple.

I would not say iTunes is a monopoly, despite it's high usage. There are many options out there (of varying quality) but what i hear from most 'normal' people (none tech) is that iTunes is simple. It's easy. 'all my music is there' and they never have issues. Perhaps if another companies released a comparable system/platform?

I don't believe you could point monopolistic practices at the iPhone either. People have chosen to use the iPhone, not because they feel forced to do so. Additionally there are many viable alternatives to the platform, being in Australia most people have Nokia, LG, Samsung, HTC phones. iPhone and Android are certainly not the market leaders here.

I just hate the day where anytime a company get's successful, gains market share and becomes market leads, they suffer their legs being cut out from underneath them.

lotsamystuff
on May 4, 2010

Cute, but nowhere near as funny or insightful as the prose Pogue or Ihnatko could write in their sleep. Guess that explains why they write for the NY Times and Chicago Sun-Times, and you write for "Connected Home". This doesn't even rise to the level of Gruber.

yoshipod
on May 4, 2010

"Unfortunately not actually true.

I got several threatening private emails for saying things that annoyed the Apple fans here including one actual death threat. Unfortunately, the world is not as sane a place as we'd like on some subjects."

That is really shameful.

While I disagree with much of what you may say, I always enjoy the back and forth. I would hope all people take that view, but sadly that is not the case.

Those who take it beyond that are really disturbed.

NoNameAtAll
on May 4, 2010

@Logjamming aka Brown

You do realize this was a semi-joke post, right?

mikegalos@msn.com
on May 4, 2010

chuckb84

"The sole source of all these rumors is the New York Post? "

FYI: As of this morning both Reuters and The Wall Street Journal are also reporting this story and saying it was triggered by a complaint from Adobe according to this story at Engadget:  www.engadget.com/.../wsj-confirms-apple-under-preliminary-antitrust-investigation-ove

DigDug
on May 4, 2010

"I just hate the day where anytime a company get's successful, gains market share and becomes market leads, they suffer their legs being cut out from underneath them."

I don't think any of it has to do with Apple's marketshare uptake. Apple's just being... mean right now.I doubt it'll be found illegal, but... well for instance, Adobe's announced Flash apps for the iPhone 6 months ago. Apple probably knew about it before that, but they waited at least 6 months until CS5 was out of the gate to bother to mention they wouldn't be allowing the apps. Why would they do that? Mac owners love Photoshop, and theres nothing about it thats anti-standards. Why work hard to piss off the developer of it? And they've done similar things to other developers for the phone too. Heck complain all you want about Flash, but Adobe has been a standards proponent for far longer than Apple has. They wrote one of the first SVG viewers ever made.

So Apple probably is well within their rights to do so, and it undoubtedly is all about profit, but its mean, and it'll eventually lead to good devs not wanting to develop for their platform, which will hurt users more than the "non-native" apps that Apple seems so worried about.

yoshipod
on May 4, 2010

"and it'll eventually lead to good devs not wanting to develop for their platform, which will hurt users more than the "non-native" apps that Apple seems so worried about."

Good devs develop specifically for each platform, targeting the strengths of each one.  No good developer will leave the iphone platform due to the Flash issue, only the mediocre ones who don't want to take the time or energy to code correctly for it.

Cross platform apps are good for devs, not for users.

ISTMajor
on May 4, 2010

"Each hour of court room video will cost $1.29, and will play only on Apple's devices and software."

Why do I have the bad feeling were this to occur this would be the single most profitable court case to ever occur?

Steve Jobbs to advisor, "Why didn't you people tell me we could rake in so much cash getting sued, we should be doing this on a regular basis!"

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