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FTC: Qualcomm Violated Competition Laws

The chip manufacturer's exclusive agreement with Apple unfairly locked out competitors, the FTC said.

 & Tom Brant Managing Editor

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Qualcomm used anticompetitive tactics to impose unfair conditions on its customers and weaken its competitors, according to a lawsuit that the Federal Trade Commission filed Tuesday.

The San Diego company makes the processors found in many smartphones and other mobile devices, from flagship handsets like the Samsung Galaxy S7 to lower-end Android models. Its Snapdragon processors also power many models of the iPhone, and its arrangement with Apple drew particular scrutiny from the FTC, which claimed that Qualcomm requested exclusivity from Apple in exchange for reduced patent royalties.

The agreement with Apple was in effect from 2011 until last year, and prevented the iPhone maker from buying chips from Qualcomm's competitors, according to the FTC complaint. Like other smartphone companies, Apple wanted the option to use other processors, but Qualcomm imposed royalty payments for its technology that made buying its competitors' products less attractive.

"When Apple sought relief from Qualcomm's excessive royalty burden, Qualcomm conditioned partial relief on Apple's exclusive use of Qualcomm baseband processors," according to the complaint. The FTC claimed that Qualcomm's actions violate US competition law, and asked the court to bar it from making further anticompetitive agreements.

Apple did not immediately respond to a request for comment.

In a statement, Qualcomm said that the FTC lawsuit was flawed, and that the agency's requests would bolster the sales of competing products at Qualcomm's expense. Qualcomm also noted that one FTC commissioner, Maureen Ohlhausen, dissented from the majority decision to file the lawsuit.

"I have been presented with no robust economic evidence of exclusion and anticompetitive effects," Ohlhausen wrote in a statement. "What I have been presented with is simply a possibility theorem."

Qualcomm said that it has "never withheld or threatened to withhold chip supply in order to obtain agreement to unfair or unreasonable licensing terms," according to the company's statement. "The FTC's allegation to the contrary — the central thesis of the complaint — is wrong."

Although this is the first anticompetitive lawsuit of its magnitude that Qualcomm has faced in the US, it has been the target of multiple suits from Korean antitrust regulators. The most recent of those was filed last month, when South Korea's antitrust agency proposed a record $854 million fine against Qualcomm for negotiating unfair licensing agreements.

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

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