European Union regulators are examining the contracts Apple strikes with cellphone carriers that sell its iPhone for possible antitrust violations after several carriers complained that the deals throttled competition.
Although they have not filed formal complaints, a group of European wireless carriers recently submitted information about their contracts with Apple to the European Commission, according to a person briefed on the communications with the carriers who asked not to be identified.
This person said the accusations focused on Appleâs contracts with French carriers, though other countries may also be involved.
In a statement, the European Commission, the unionâs administrative arm, which oversees antitrust enforcement in the 27-nation bloc, confirmed that it was examining Appleâs carrier deals. But it said it had not begun a formal antitrust investigation. The commission is not obligated to act until it receives a formal complaint of anticompetitive behavior. That it is already examining the contracts suggests that it is taking the carriersâ concerns seriously.
âWe have been contacted by industry participants and we are monitoring the situation, but no antitrust case has been opened,â said Antoine Colombani, a spokesman for JoaquÃn Almunia, competition commissioner of the European Union.
An Apple spokeswoman, Natalie Kerris, said, âOur contracts fully comply with local laws wherever we do business, including the E.U.â
It was unclear how many carriers were in discussions with the European Union. Based on several interviews with people briefed on iPhone contracts, it appears that Appleâs contracts with some smaller European carriers were stricter than those with larger companies.
People briefed on the carriersâ relationships with Apple, who declined to be named because Apple does not permit them to speak publicly about the contracts, said the terms that some European carriers must accept to sell iPhones are unusually strict, making it difficult for other handset makers to compete.
The issues do not appear to apply to carriers in the United States; an executive at an American carrier said the terms of its contract with Apple were aggressive but not unreasonable. Apple is well known for tightly controlling the design of its products, down to the smallest of details, and closely controlling its manufacturing. Its relationship with carriers, long cloaked by strict nondisclosure agreements, offers a window into the similar levels of control Apple exerts on business partners who want to sell the iPhone.
While European carriers quietly grumble about Appleâs muscle in the marketplace, Apple does not force any of them to sell the iPhone â" it does not need to. Carriers are petrified at the thought of not having the smartphone because it remains a huge hit with the public, driving waves of customers to their stores, especially in the months after the latest models are introduced and heavily advertised.
Appleâs contract differs with every carrier that sells the iPhone. Such sales accounted for 56 percent of Appleâs $ 55 billion in revenue last quarter. In most cases, Apple sets a quota for how many iPhones the carrier needs to sell over a set period of time, usually three years. If it does not agree to the quotas, it does not receive the iPhone.
If quotas are not met, the carrier is obligated to pay Apple for unsold devices, according to one person who negotiated with Apple while at a European carrier.
That remains a largely theoretical risk at this point, however, because demand for the iPhone still exceeds supplies almost everywhere it is sold. Appleâs iPhone 5 was the best-selling smartphone in the world during the fourth quarter of 2012, outselling competing models from Samsung, the biggest maker of mobile devices in the world, according to Strategy Analytics.
But some of Appleâs competitors complain that the big purchases Apple requires from carriers strongly pressure them to devote most of their marketing budgets to the iPhone, leaving little money to promote competing devices, said an executive at one of Appleâs rivals, who declined to be named to avoid jeopardizing carrier relationships.
Tidak ada komentar:
Posting Komentar