South Korea Fines Qualcomm $865 Million for Anti-Trust Violationsby Ryan Smith on December 28, 2016 6:00 PM EST
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Word comes out of South Korea today that the country’s antitrust regulatory authority, the Korean Fair Trade Commission (KFTC), has ruled against Qualcomm in an ongoing antitrust investigation and is fining the company $865 million. The product of a 3 year investigation, the KFTC has ruled that Qualcomm abused their market position with respect to how and to whom they licensed out access to various important cellular patents, refusing to license certain patents and unnecessarily bundling others.
This latest fine from South Korea comes as Qualcomm has been in the hot-seat with various nations’ regulators over the past couple of years, all of whom has been investigating Qualcomm for similar reasons. This includes China, who fined Qualcomm $975 million and imposed new licensing rules on the company back in February of 2015, and the EU, who still has their own antitrust investigation open. At the core of both cases has been how Qualcomm has handled and licensed its patent portfolio, and at times how this intersected with how the company sold & priced their own chips implementing those patents.
South Korea’s ruling marks the second time Qualcomm has been fined by a national regulator for anticompetitive actions in the past couple of years, and is the second time altogether that the country has fined Qualcomm (they were also fined in 2009 in a dispute over CDMA; the appeal is still pending). Similar to last year’s case in China, the crux of the issue in the KFTC’s ruling appears to have been Qualcomm’s bundling of patents for chip customers, which the KTFC has ruled forced customers to license patents they did not need. Meanwhile the KFTC is also taking Qualcomm to task over their unwillingness to license standards-essential cellular technology patents to rivals, which restricted their ability to compete with Qualcomm. As it would not be possible to build standards-compliant modems without infringing on those patents, competing products would be open to lawsuits from Qualcomm.
Along with the $865 million fine, the KFTC is also ordering Qualcomm to change their business practices to put an end to their illegal behavior. This includes ending patent bundling and renegotiating patent licensing deals with customers if requested, and to properly negotiate the licensing of patents with rivals on a good faith basis.
In a response to the KFTC’s ruling, Qualcomm has released their own statement, stating that they disagree with KFTC’s ruling on the grounds that it violates international trade agreements, that no harm has been done to the market, and that the KFTC did not question Qualcomm’s licensing model in their previous CDMA investigation. Qualcomm has also said that once the formal written order from the KFTC comes out – a process that can take months – they will immediately appeal the order and the fine. Meanwhile it’s worth noting that this is the first such case where Qualcomm is appealing the ruling; in the China ruling, Qualcomm entered into an agreement with Chinese regulators to accept the fine and new patent licensing rules in order to end the investigation.
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Shlong - Friday, December 30, 2016 - linkYea that is why the US stopped Toyota from being the #1 car manufacturer, get out of here.
jordanclock - Thursday, December 29, 2016 - linkSamsung is already split into pieces. Are you unfamiliar with the corporate structure of Samsung?
Vatharian - Friday, December 30, 2016 - linkWhat? You're completely detached from reality. Samsung's 'mobile and electronics' department is responsible only for a small fraction of income of the company - majority if it comes from heavy industry, chemicals and shipyards. By the way, in these parts, Hyundai is bigger...
Yojimbo - Wednesday, December 28, 2016 - linkLots of companies have been complaining about Qualcomm. Not just their customers, but their rivals. Texas Instruments and NVIDIA blame their exists from the tablet and smartphone markets on Qualcomm's practices. Icera had sued Qualcomm for their practices long before NVIDIA bought Icera.
And the national trade commissions aren't going to accept Qualcomm continuing to abuse their position in order to pay for the fines. They will have to cease their uncompetitive business practices and pay the fine (assuming the ruling is upheld).
Morawka - Wednesday, December 28, 2016 - linkThis right here, is corporate greed on the part of Qualcomm. When you back your customers into a corner and force them to buy stuff they don't want, then your asking for anti-trust investigations.
Kudos to the South Korean court! Hit em in the wallet hard.
I'm a american, and i take pride in our home grown companies, but when they do stuff like this, i have no sympathy for them. This is textbook "standing on the backs of the little man" because they refused to license basic patents for smaller handset makers.
Internet and cable companies are doing the same thing here in the USA, and i'm hoping one day someone with actual power will stand up to them. going through the courts seems like the only way to solve a lot of these problems, because congress sure won't do anything, they get paid to much lobbying money.
Danvelopment - Thursday, December 29, 2016 - linkAKA Qualcomm dgaf about the SK market, but losing China would be an irrecoverable blow.
Danvelopment - Thursday, December 29, 2016 - linkWhat will the SK brands (barring Samsung) do if they leave? Mediatek and Rockchip? Exynos is pricey and will have its own competition drama and Tegra and Atom are pretty much out of the market.
mxnerd - Thursday, December 29, 2016 - linkWhat will Trump do once he is the office?