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Apple Again Facing Antitrust Inquiry Over Digital Music

In an apparent replay of a 2006 investigation into possible price fixing in the digital music industry dominated by Apple's iTunes Store, The New York Times is reporting that the U.S. Department of Justice is in the early stages of another antitrust inquiry focused on digital music sales.

The Justice Department is examining Apple's tactics in the market for digital music, and its staff members have talked to major music labels and Internet music companies, according to several people briefed on the conversations.

The antitrust inquiry is in the early stages, these people say, and the conversations have revolved broadly around the dynamics of selling music online.

In particular, the inquiry is said to be looking at claims that Apple has been pressuring music labels over their participating in Amazon's "Daily Deal" program in its MP3 download store.

The report notes Apple's dominant position in the U.S. digital download market, where it holds 69% market share. In overall U.S. music sales, Apple leads the pack with 26.7% of the market, more than double its closest competitor.

The new inquiry from the Department of Justice is the latest of a number of recent incidents involving Apple and regulatory authorities. The Department of Justice last year reportedly began looking into an informal agreement between Apple and Google not to poach each others' employees, while in recent weeks Apple has been revealed to be the subject of an Adobe-requested inquiry over its ban on Flash-to-iPhone compilers and additional scrutiny from the Federal Trade Commission over its newly-announced iAd mobile advertising system.

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23 months ago
Too funny
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23 months ago
Since when did 29.7% of the market become a trust? Yes, they're the largest competitor, but that's barely more than a quarter of the market, and the list of competitors is long.

Sorry, but I just don't buy it.

jW
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23 months ago
Why does FEDGOV even get sucked into these inquiries into relatively small, relatively recent, and relatively hard to defend, market strengths, and allow them to even be viewed as a "monopoly"?

Has the law been made so granular as to actually consider such things monopolies? I thought it took something long lasting and gross like Standard Oil (which we all wish was still a monopoly), or Microsoft which had an actual monopoly on OS's but which was actually bit on IE.

This reminds me of that mobster who got away scott free on being a mobster but was busted on tax matters.

Technicalities.

So will Balmer be arrested soon for mail fraud because of his hate mail to Steevie?

This is not a good use of government blind and rough power.

Rocketman
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23 months ago
Wow its been a while since some one is suing apple its been what 3 weeks?
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23 months ago
The introduction of Google selling music will help Apple in this case, just like the government allowing the buyout of AdMob my Google citing Apple's iAds (introduced but not released) as a direct competitor. Maybe this feud with Google is just a way for both companies to keep the government off their backs.
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23 months ago
It would be reallynkce if this socialist government would get out of the way of business and ket us make some money.
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23 months ago
As with every other Antitrust enforcement case previously, the scope and definition of "the market" is the single largest factor involved. If the definition is broad -- music sales -- then Apple is a big fish in a big pond, hence safe. If the market is more narrowly defined as digital music sales, the risk increases for Apple. If you take the union of media distribution and digital media players, Apple is a small player. However, if you take the intersection of digital media distrbution (iTunes Store) and digital media players (iPod), then Apple clearly risks a court making finding of fact that Apple is a monopoly should litigation arise.
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23 months ago
Oh, man! Steve at Amazon better watch out for the Apple police to bust his door in. :rolleyes:
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23 months ago
Yaay! American democracy and rule of law prevails.....
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23 months ago

Since when did 29.7% of the market become a trust? Yes, they're the largest competitor, but that's barely more than a quarter of the market, and the list of competitors is long.

Sorry, but I just don't buy it.

jW


Unlike the other antitrust investigations into Apple, this one may have some legs. They appear to have enough of the market that they can control prices (i.e. "market power") and exercise control over suppliers. Market share is not the main issue under federal law. The question is whether they have leveraged such power do to anything that violates federal law.
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