Skip to Content

Former US Labor Secretary on antitrust investigation: "Hands off Apple"

If you want a preview of how this nonsensical antitrust investigation against Apple is going to play out, look no farther than Robert Reich, US Secretary of Labor during the Clinton administration. Reich has written in defense of Apple regarding the possibly forthcoming antitrust investigations. He notes that the investigations are taking place because of Apple's disallowing of third-party programming tools like Flash CS5 when writing apps for the iPhone. "What's wrong with that?" Reich asks. "Apple says it's necessary to maintain quality. If consumers disagree they can buy platforms elsewhere."

An expert in US labor law, who was once the secretary in charge of labor policy in the US, sees no problem with Apple's practices regarding development for its platform. Case closed, Adobe. Thanks for playing.

Read on to find out why this investigation started in the first place.
Antitrust laws are designed to prevent companies with either real or de facto monopolies from exerting unfair control over the marketplace. However, the only area where Apple has 100% control of the market is devices that run OS X or iPhone OS. That's it. Reich notes that "Apple was the world's #3 smartphone supplier in 2009, with 16.2 percent of worldwide market share." If that's a monopoly, it must be some new definition of the word "monopoly" that I'm not familiar with.

So why is this investigation even going on? Microsoft, Sony, and Nintendo all have strict quality control measures in place that dictate what kind of software can run on their consoles, but no one is complaining about "unfair or anti-competitive practices" there (except for the lawsuit against Sony for dropping Linux support for the PS3, that is). Right now, the smartphone market is looking a lot like the game console market, with only a handful of major hardware makers competing for the biggest slice of consumers' dollars. Considering that it's both less expensive and less restrictive to develop for the iPhone than for the Wii, PS3, or XBox 360, why is Apple suddenly a target for "unfair and anti-competitive practices?"

Here's a surprise: because Adobe whined to the Feds. Citing everyone's favorite insider, "people familiar with the matter," Bloomberg notes that a complaint from Adobe is what has spurred the current antitrust investigations against Apple.

It's no surprise that Adobe thinks Apple's exclusion of Flash CS5 from development for the iPhone is "unfair." What is surprising is that they think this constitutes grounds for an antitrust investigation against Apple. As Robert Reich notes, if customers don't agree with Flash CS5 being restricted from the iPhone, they'll vote with their wallets and go with other platforms, like Android. "If Apple's decision reduces the number of future apps that can run on its products, Apple will suffer and presumably change its mind," he writes. Expecting the federal government to step in and say, "No, you have to allow Adobe to use their tools on your platform" is like forcing Target to open a mini Gap in every one of their stores.

Apple has every right to control how apps are developed for its platform. If Apple controlled 90% of the smartphone market there might be a case for calling this an anti-competitive practice. However, the uncomfortable truth for Adobe is that Apple simply doesn't have that kind of stranglehold over the smartphone market. If anyone should be investigated for monopolistic practices, it's Adobe. A company that outright brags about its proprietary plug-in being necessary to view 75% of video content on the Web has no business complaining about anti-competitive practices.

[Via MacRumors]


Categories

iPhone

If you want a preview of how this nonsensical antitrust investigation against Apple is going to play out, look no farther than Robert...
 

Add a Comment

*0 / 3000 Character Maximum

59 Comments

Filter by:
Detrich

Apple cultivates and broadens each product market that it enters, thereby stimulating competition and increasing product choices to consumers... For every product that Apple makes or creates, there are like at least half a dozen of competing products in the same genre. And, those competing products only seem to get better and cheaper over time.

So, please explain to me how does this constitute Apple as being a "monopoly?!"

People choose to buy Apple products, because they happen to like them. And, for those who don't like them, there are a handful of other products to pick from. So, monopoly my ass...

Apple haters are basically judgemental people with no objectivity and a twisted sense of logic.

May 06 2010 at 2:20 PM Report abuse rate up rate down Reply
derekjacques

@Jordan

Being the #1 manufacturer in the US is utterly irrelevant--monopoly power is about consumers, not manufacturers. Apple could be the only US phone manufacturer and the US cell phone market would still be extremely competitive because of all those foreign manufacturers that sell their wares in the US.

What's hilarious here is that Adobe--which touts Flash as "the world's most pervasive software platform"--has a lot more market power in Internet video than Apple has in cell phones or computers, and is therefore a much better subject for antitrust investigation than Apple. Arguably, Adobe offers a crippled version of its Flash software to Mac OS customers, using that market power to push users toward other OSs. But because of the extreme attention, good and bad, that Apple gets from the media, Adobe is the "little guy" in this spat.

Seriously, the only thing Apple really monopolizes is the media's attention, and there isn't much the DoJ can do about that.

May 06 2010 at 1:40 PM Report abuse rate up rate down Reply
William

"If Apple controlled 90% of the smartphone market there might be a case for calling this an anti-competitive practice."

Is 90% what determines if something is a monopoly or not?

"However, the only area where Apple has 100% control of the market is devices that run OS X or iPhone OS. That's it."

Then Microsoft never had a monopoly either, right? Because they only had 100% of control of the market over Windows. They didn't even have control over the devices since they didn't make the devices. They only had control over the software. So by your argument, Microsoft was even less of a monopoly than Apple might be, right?

May 06 2010 at 12:47 PM Report abuse rate up rate down Reply
Michael Murdock

Like I said, Adobe's Board should get SMART and FIRE their freaking CEO and send his butt packing down the highway. He's not helping matters at all in the world of software. In fact, he's slowing them down.

Flash should have been rewritten long ago, but they let go a number of Macromedia folks who had their hands in the initial software. I'd step in as CEO, bring them back toss them into a skunkworks operation and let them rewrite the tool from the ground up and give them 6 months to do it. Make it work with EVERY Browser out there and support HTML 5 as well.

But then again their board has yet to call, so I have better things to do with my time.

Michael Murdock, CEO
DocMurdock.com

May 06 2010 at 12:01 PM Report abuse rate up rate down Reply
David Troesch

Yeah, you can always go somewhere else if you don't like Apple's anti-competitive practices...I mean just like Microsoft and windows. You didn't have to buy a computer with windows on it, there was always buying a mac or linux, or any other number of options available to consumers.

May 06 2010 at 11:26 AM Report abuse rate up rate down Reply
CK

So many arguments here from people who simply dont get it !!

1) It is not a monopoly. It never will be. Many countries including the US have specific laws that prevent monopolies from being created in the first place.

2) If it were a monoploy - a complaint from Adobe is not good enough to start an investigation. Adobe has vested interests, and consumer benefits not its primary goal

3) Even if an investigation is admitted, and on going. Adobe Flash vs HTML5 would be a credible debate. Consumers being affected by lack of flash is redeemed by HTML5.

Grow up. Accept it. Apple is strict with rules. Apple wants to maintain certain quality. Apple is not about creating another Microsoft or anyother generic device one which anywith will run, but just barely. They think user experience is #1. I completely buy their argument, even if i want to JB my phone and play around with it. Me able to do so, is different from a million+ others who simply want a working device, everytime all the time.

Sadly for the first time in the field computer devices, one company is ready to offer something close, and people jump on the bandwagon to bash it !!

my 2 cents... go ahead flame me :)

May 06 2010 at 10:42 AM Report abuse rate up rate down Reply
farmboy

@Jordan
How long until Apple becomes a monopoly, you ask? Well, let's see. By definition, a monopoly is a situation in which a single company owns all or nearly all of the market for a given type of product or service. All of a market would obviously be 100%; to be generous, let's set a value for "nearly all" at 80% (4 out of 5 dentists, etc.). As of Q1 '10, Apple has less than 1% of the phone market globally, and less than 16% in the US. 80 - 16 = 64.

So, in answer to your question, when Apple gains another 64% of the market, they will be a monopoly. Isn't math fun?

May 06 2010 at 9:48 AM Report abuse rate up rate down Reply
thebugswillbite

"Case closed, Adobe. Thanks for playing."
"Adobe whined to the Feds"
"nonsensical antitrust investigation"

this post, just like most post by this author, or most on this blog
make clear to me the gap between journalism and amateur fanboyish
yellow press bullshit.

May 06 2010 at 5:45 AM Report abuse rate up rate down Reply
1 reply to thebugswillbite's comment
Chris Rawson

This comment, just like others like it on this blog, make clear to me the gap between constructive criticism and mindless trolling.

May 06 2010 at 3:50 PM Report abuse rate up rate down Reply
Peter J Cat

Clearly Reich doesn't know much about antitrust law (why should he), and neither does the poster, and neither do many of the commenters. Despite the roots of the name, "monopoly" doesn't mean you're the only player in a market, or even necessarily the only big player: it just means that you have substantial power to set prices, terms and/or conditions in a market; if you do, you're not allowed to use that power to unfairly disadvantage your actual or potential competitors in that market or any other market.

Market definition is probably the hardest and most important part of antitrust, and you just can't do it on gut feeling (and you also can't predict what an antitrust authority or a court will decide). There's at least arguably a market for the sale of applications on mobile devices: Apple may well have power in that market, and may be found to be using that power to exclude Adobe from a related market. If there is a separate market (loosely speaking) for App Stores, it's an emerging market, and the authorities will either be keen to prevent anybody from unfairly dominating that market, or they may just as likely decide to stay out of it and see how things develop.

Remember that capitalism only works where markets are functioning properly, which is almost never: regulation is frequently needed to allow real competition to thrive.

I think in this case it probably won't come to much, and I hate cross-compiled applications too -- but it's perfectly legitimate to ask these questions, it's helpful to almost everybody to bring some of this economic data out into the open, and prejudging the whole thing as "nonsensical" sounds pretty arrogant.

May 06 2010 at 3:15 AM Report abuse rate up rate down Reply
Montana Leet

What everyone that parades about how Apple is exactly like Microsoft seems to forget, is that everything surrounding the iPhone is Apple's. Apple makes the operating system. Apple makes the hardware. Apple makes the iTunes Store and stores everything on Apple's servers. Software is only available through the iTunes Store and Apple approves the software that developers who have signed and agreed to contracts submit.

Microsoft on the other hand made only the operating system and preinstalled software. 3rd parties made the hardware. Microsoft didn't have an ecosystem. Apple on the other hand does. And we can't forget that Apple only has 16% smartphone market share, whereas Microsoft had 90-some% OS market share.

May 06 2010 at 1:55 AM Report abuse rate up rate down Reply
3 replies to Montana Leet's comment
Buy an ad here

Hot Apps on TUAW

Tweets

© 2012 AOL Inc. All Rights Reserved.