Antitrust: Commission fines US chipmaker Qualcomm €242 million for engaging in predatory pricing

chip

(Brian Kostiuk, Unsplash)

This article is brought to you in association with the European Commission.
The European Commission has fined Qualcomm €242 million for abusing its market dominance in 3G baseband chipsets. Qualcomm sold below cost, with the aim of forcing its competitor Icera out of the market. This is illegal under EU antitrust rules. Commissioner Margrethe Vestager, in charge of competition policy, said: “Baseband chipsets are key components so mobile devices can connect to the Internet. Qualcomm sold these products at a price below cost to key customers with the intention of eliminating a competitor. Qualcomm’s strategic behaviour prevented competition and innovation in this market, and limited the choice available to consumers in a sector with a huge demand and potential for innovative technologies. Since this is illegal under EU antitrust rules, we have today fined Qualcomm €242 million.“ Baseband chipsets enable smartphones and tablets to connect to cellular networks and are used both for voice and data transmission. This case concerns chipsets complying with the Universal Mobile Telecommunications System (“UMTS”), the third generation (“3G”) standard. Today’s decision concludes that Qualcomm held a dominant position in the global market for UMTS baseband chipset between 2009 and 2011. This is based in particular on Qualcomm’s high market shares of approximately 60% (almost three times the market share of its biggest competitor) and the high barriers to entry to this market. These include the significant initial investments in research and development to design UMTS chipsets and various barriers related to Qualcomm’s intellectual property rights. Market dominance is, as such, not illegal under EU antitrust rules. However, dominant companies have a special responsibility not to abuse their powerful market position by restricting competition, either in the market where they are dominant or in separate markets. However, our investigation found that Qualcomm abused this dominance between mid-2009 and mid-2011 by engaging in “predatory pricing”. Qualcomm sold certain quantities of three of its UMTS chipsets below cost to Huawei and ZTE, two strategically important customers, with the intention of eliminating Icera, its main rival at the time in the market segment offering advanced data rate performance. This behaviour took place when Icera was becoming a viable supplier of UMTS chipsets providing high data rate performance, thus posing a growing threat to Qualcomm’s chipset business. The Commission’s conclusion that Qualcomm engaged in predatory pricing during the period investigated is based on:
  • a price-cost test for the three Qualcomm chipsets concerned;
  • a broad range of qualitative evidence demonstrating the anti-competitive rationale behind Qualcomm’s conduct, intended to prevent Icera from expanding and building market presence.
The results of the price-cost test are consistent with the contemporaneous evidence gathered by the Commission in this case. The targeted nature of the price concessions made by Qualcomm allowed it to maximise the negative impact on Icera’s business, while minimising the effect on Qualcomm’s own overall revenues from the sale of UMTS chipsets. There was also no evidence that Qualcomm’s conduct created any efficiencies that would justify its practice. On this basis, the Commission concluded that Qualcomm’s conduct had a significant detrimental impact on competition. It prevented Icera from competing in the market, stifled innovation and ultimately reduced choice for consumers. In May 2011, Icera was acquired by US tech company Nvidia, which decided to wind down its baseband chipset business line in 2015. Consequences of the Decision The fine in this case of € 242 042 000 takes account of the duration and gravity of the infringement. The fine represents 1.27% of Qualcomm’s turnover in 2018 and is also aimed at deterring market players from engaging in such anti-competitive practices in the future. In accordance with the Commission’s 2006 Guidelines on fines (see press release and MEMO), the fine has been calculated on the basis of the value of Qualcomm’s direct and indirect sales of UMTS chipsets in the European Economic Area (EEA). The duration of the infringement established in the decision is two years. The Commission has also ordered Qualcomm not to engage in such practices or practices with an equivalent object or effect in the future. Procedural Background The Commission opened its formal investigation on 16 July 2015. On 8 December 2015, the Commission sent a Statement of Objections to Qualcomm, setting out its preliminary concerns in this case. The Commission issued a Supplementary Statement of Objections on 19 July 2018, followed by a letter sent to Qualcomm in February 2019 setting out additional factual elements relevant to the final decision. During its investigation, the Commission sought to obtain additional information from Qualcomm, which it requested in January 2017 through a simple letter and subsequently, due to the absence of a reply by Qualcomm, on 31 March 2017 through a formal Commission decision. On 13 June 2017, Qualcomm lodged an application with the General Court for the annulment of the Commission decision, together with an application seeking the suspension of the Commission decision or the adoption of interim measures. By order of 12 July 2017, the President of the General Court dismissed the application for interim measures (case T-371/17 R). By judgment of 9 April 2019, the General Court fully upheld the Commission decision (case T-371/17). On 18 June 2019, Qualcomm lodged an appeal for the annulment of the General Court’s judgment (case C-466/19 P). Background Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits the abuse of a dominant position, which may affect trade and prevent or restrict competition in the Single Market. In an entirely separate investigation,the Commission fined Qualcomm €997 million in January 2018 for abusing its market dominance in LTE baseband chipsets by making significant payments to a key customer on condition that it would not buy from rivals. Fines imposed on companies found in breach of EU antitrust rules are paid into the general EU budget. However, the money is not earmarked for particular expenses, instead Member States’ contributions to the EU budget for the following year are reduced accordingly. The fines therefore help to finance the EU by reducing taxpayers’ contributions. More information on this case is available under the case number 39711 in the public case register on the Commission’s competition website.

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNDP Nidaa with the chickens and ducks she raises in Gaza.

Sustaining livelihoods amid crisis in Gaza

This article is published in association with United Nations. Nidaa, Hanaa and Hanin have different stories, but share a common thread: the determination to build something of their own and keep it going despite extraordinary challenges facing them in war-ravaged Gaza. Following the devastation of the past three years, productive capacity in Gaza has been severely […]
© UNICEF/Oleksii Filippov A firefighter works on the balcony of a wrecked building in Kyiv, Ukraine.

World News in Brief: Russian attacks continue in Ukraine, Gazans shelter in flood-prone areas, keeping sight of eye health

This article is published in association with United Nations. UN human rights chief Volker Türk said on Thursday he was appalled by a wave of attacks that have killed civilians across Ukraine over the past four days.  They include a strike on two public buses in Kramatorsk on Thursday, that left at least 30 civilians dead, […]
This article is published in association with United Nations.

Ukraine: UN condemns latest attacks and calls for civilian protection

This article is published in association with United Nations. The UN Humanitarian Coordinator for Ukraine on Wednesday called for an end to attacks against civilians following further overnight strikes by Russian forces that reportedly killed at least 19 in the Chernihiv Region. Among the dead in Pryluky were five children, three of them babies, according to the […]
© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

Israeli demolition in East Jerusalem displaces 69 Palestinians

This article is published in association with United Nations. Sixty-nine Palestinians – more than half of them children – were displaced on Tuesday after Israeli authorities green lit the demolition of their residential building in the At Tur area of East Jerusalem, the UN aid coordination office (OCHA) has reported. This is the highest number of […]
This article is published in association with United Nations.

‘The clock on AI regulation is ticking’, warns UN rights chief

This article is published in association with United Nations. The world is running out of time to put guardrails on artificial intelligence, UN High Commissioner for Human Rights Volker Türk warned Monday, as a “ruthless race” between companies and countries raises concerns about human safety and even humanity’s survival. Speaking in the UK at an AI […]
© UNOCHA/Alina Basiuk A school in Ukraine lies in ruins after being hit by a missile.

Ukraine war ‘a human rights catastrophe’ that must end, says Türk

This article is published in association with United Nations. Human Rights The war in Ukraine is a human rights catastrophe that is “growing and intensifying by the week” and threatening an even greater disaster across the region, UN High Commissioner for Human Rights Volker Türk said on Friday. Addressing the Human Rights Council in Geneva, Mr. […]
UN News Massive tent settlement of displaced residents extends along the damaged Gaza coastline.

Palestinians yearn for ‘a return to normal life’, says top Middle East peace envoy

This article is published in association with United Nations. The UN is continuing efforts to support Palestinians in Gaza amid major challenges to humanitarian access, reconstruction and the restoration of essential services, according to Ramiz Alakbarov, Acting UN Special Coordinator for the Middle East Peace Process. Speaking to UN News on the margins of the UN […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon (file).

Lebanon: One in five children goes to bed hungry, says UNICEF

This article is published in association with United Nations. Four in five households in Lebanon struggle to afford basic necessities today, with children increasingly going without food, missing school and being pushed into work as conflict compounds years of economic crisis. “I wanted to buy clothes for my children, but I could not. I also wanted […]

World News in Brief: Deadly Myanmar strikes as Malaysia begins deportations, new emergency funding released, Gaza and West Bank update

The UN chief on Tuesday strongly condemned an airstrike that reportedly killed at least 50 people at a market in Myanmar’s Rakhine state and called for those responsible to be held to account. Forces from the military junta reportedly hit Kyauktaw township around midday on Monday, when the market’s more than 200 shops were busy […]
This article is published in association with European Investment Bank.

EU provides €61 million in humanitarian aid amidst rapidly deteriorating situation in Ethiopia

This article is brought to you in association with the European Commission. Amid fears of renewed conflict in Northern Ethiopia, the European Union is providing €61 million in humanitarian funding to help the most vulnerable people in Ethiopia affected by conflict, displacement, disease outbreaks and climate-related hazards, including the impact of El Niño. The European Union […]
© UNDP A worker installs solar panels in Lanao del Sur in the Philippines.

From energy crisis to energy transition: How renewables are reshaping energy security

This article is published in association with United Nations. The continuing conflict in the Middle East is disrupting global energy markets and pushing up fuel prices, with knock-on effects far beyond the region. For Francesco La Camera, Director-General of the International Renewable Energy Agency (IRENA), the crisis is also reshaping how the world understands the phrase […]
Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the opening of the 15th United Nations Congress on Crime Prevention and Criminal Justice, bringing governments together around challenges ranging from cybercrime and fraud to the growing criminal exploitation of digital technology. The Declaration highlights an increasingly complex landscape in which services, infrastructure and technology can be exploited by criminals, including emerging trends described as “crime as a service” and “violence as a service”. At the same time, countries committed to making greater use of technology themselves, including by digitalizing justice systems and harnessing artificial intelligence in criminal justice responses. The Declaration stresses that safeguards must accompany those changes, including human oversight, transparency, due process and data protection. ‘Justice cannot be a privilege’ In a video message to the Congress, UN Deputy Secretary-General Amina Mohammed said the meeting was taking place at a time of profound change. “Justice cannot be a privilege. It must protect every person, uphold every person’s rights and leave no one behind,” said Ms. Mohamed. “This Congress is an opportunity to renew our shared commitment to justice and the rule of law, and to translate that commitment into action.” Countries are already being encouraged to put the Declaration into practice through the voluntary Pledge4Justice initiative, under which participating governments are announcing concrete, time-bound actions on crime prevention and criminal justice through 2031. The Abu Dhabi National Exhibition Centre with its curved glass tower and surrounding buildings reflected in calm water at dusk. UNODC The Abu Dhabi National Exhibition Centre where the 15th UN Crime Congress is set to take place. From Kyoto to Abu Dhabi Opening the Congress, UN Office on Drugs and Crime (UNODC) Executive Director Monica Juma framed the gathering as both a response to a changing criminal landscape and a test of international cooperation. “Today, the world convenes in Abu Dhabi to reaffirm that the rule of law and criminal justice are essential to the safety and security of people and the planet,” said Ms. Juma. “At a time when confidence in multilateralism is faltering, let Abu Dhabi be a testament to international cooperation.” Five years after the previous Congress in Kyoto, Japan, Ms. Juma said the world had reached another “inflection point”, with technology and artificial intelligence advancing at extraordinary speed. The same platforms connecting billions of people can also connect criminals, she warned, while digital currencies can conceal illicit profits and digital tools can be used to deceive, manipulate and exploit. Technology, she argued, is not simply accelerating crime but changing its character, while organized criminal networks increasingly exploit weaknesses across borders and institutions. Tweet URL Protecting people as the ‘north star’ Behind those broad trends, Ms. Juma urged delegates to focus on the people most exposed to harm, including children recruited by gangs, women facing violence at home or online, people unable to obtain legal assistance and young people lured into scam networks with promises of a better future. “Protecting these people must be the measure against which we judge our efforts over the coming week,” she said. “It must be our north star.” She called for laws and institutions capable of keeping pace with changing threats, greater access to justice and legal aid, and technology that serves as “a force for good” rather than an accelerator of harm. And while welcoming the Abu Dhabi Declaration as a starting point, Ms. Juma stressed that its impact would ultimately depend on implementation. A week focused on justice Hosted by the United Arab Emirates, the Congress runs through 1 October under the theme Protecting People and Planet in the Digital Age. Some 119 countries are represented, alongside more than 40 justice ministers and other senior officials, with over 5,100 participants from governments, civil society, academia and the private sector. Plenary meetings, workshops, side events and exhibitions will run throughout the session. Organizers are also billing this as the most youth-inclusive Crime Congress yet. Young people are participating in workshops, contributing to follow-up efforts and taking part in a dedicated Youth Lab and art exhibition, following a Youth Forum held ahead of the Congress on 24 and 25 September. UNODC serves as secretariat of the Congress and will support implementation of the Abu Dhabi Declaration.

Countries adopt global blueprint to tackle fast-evolving crime in digital age

This article is published in association with United Nations. Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the […]
United Nations President Mahmoud Abbas of the State of Palestine addresses the General Debate of the UN General Assembly’s 81st session.

Palestinian existence under threat, Abbas tells UN, warning of ‘another Nakba’

This article is published in association with United Nations. Israeli policies now threaten “the very life and existence of the Palestinian people on their homeland”, Palestinian President Mahmoud Abbas told the UN General Assembly on Thursday, urging the world not to allow “another Nakba”.  Mr. Abbas addressed the Assembly’s annual debate via pre-recorded video after his […]
© UNICEF/Oleksii Filippov A rescue worker stands outside a residential building in Kyiv’s Solomianskyi district that was severely damaged during a massive overnight attack on the city.

World News in Brief: ‘New intensity’ to Russian attacks on Ukraine, Yemen, Gaza and Colombia updates

This article is published in association with United Nations. Russian armed forces have carried out repeated attacks across Ukraine over the past several days, killing and injuring civilians and damaging homes, hospitals, shops and workplaces, UN human rights monitors said on Thursday. The attacks have involved ballistic and cruise missiles, drones and guided aerial bombs. Between […]
UN Photo/Loey Felipe President Volodymyr Zelenskyy of Ukraine addresses the General Debate of the UN General Assembly’s 81st session.

Zelenskyy urges stronger pressure on Russia, warns war’s impact is spreading beyond Ukraine

This article is published in association with United Nations. Ukrainian President Volodymyr Zelenskyy on Wednesday called for intensified pressure on Russia to end its war against Ukraine, arguing that Moscow continues to incur massive losses while prolonging a conflict whose consequences are increasingly being felt far beyond the battlefield. Addressing the UN General Assembly’s annual debate, […]
UN Photo/Loey Felipe President Donald Trump of the United States addresses the General Debate of the UN General Assembly’s 81st session.

Trump defends military action against Iran, Venezuela, and calls for rebrand of AI

This article is published in association with United Nations. US President Donald Trump used his address to the UN General Assembly on Tuesday to defend recent military action against Iran, urging countries to maintain economic pressure on Tehran – and declaring that he now faces a choice between making a deal, or taking far more drastic […]
© UNICEF/Oleksii Filippov An injured girl climbs the partially collapsed stairwell of a building in Boryspil, Ukraine, following a missile strike.

‘Nowhere is safe’: UN experts detail Ukraine war’s toll and Russia’s reach beyond its borders

This article is published in association with United Nations. UN Human Rights Council-appointed experts on Monday laid out a grim picture of the human cost of Russia’s invasion of Ukraine, with a spotlight on civilians facing a third wartime winter as well as the intimidation of Russians who have fled abroad. The Independent International Commission of Inquiry […]
© UNICEF/Robic Upadhayay Aid workers transport supplies past a flood-damaged house in Nepal.

Nepal floods: ‘Apocalyptic’ destruction signals wider climate threat across Himalayas

This article is published in association with United Nations. The catastrophic flooding that swept away entire villages in northern Nepal could occur again in the country or elsewhere in the Himalayas due to climate change. The warning comes from Sara Netzer, regional director with UN field operations office UNOPS, which provides infrastructure, procurement and project management […]
This article is published in association with United Nations.

World News in Brief: Winter aid for Gaza, West Bank; Haiti food production; migrant deaths at sea; human rights funding

The UN Children’s Fund (UNICEF) is seeking to raise $97.5 million to protect 540,000 children and their families in Gaza and the West Bank from harsh winter conditions in the coming months. Nearly 84 per cent of Gaza’s population – more than 1.76 million people – live in overcrowded displacement sites or damaged shelters, leaving […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com