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TRADE WARS
Qualcomm to pay huge fine to settle China antitrust case
by Staff Writers
San Francisco (AFP) Feb 10, 2015


Samsung and Microsoft end patent dispute
Seoul (AFP) Feb 10, 2015 - Samsung and Microsoft said Tuesday they had ended a patent dispute that had seen the US software giant sue the South Korean conglomerate for breaching a 2011 licensing contract.

Microsoft had filed its complaint in a court in the US in August, accusing Samsung of withholding payments for the use of patented Microsoft technology in its smartphones and tablets.

Two months later, Samsung filed a petition for arbitration with the International Chamber of Commerce (ICC).

In a joint statement issued Tuesday, the two companies said a resolution had been reached.

"Samsung and Microsoft are pleased to announce that they have ended their contract dispute in US court as well as the ICC arbitration," said the statement, attributed to Jaewan Chi, Samsung executive vice president, and David Howard, corporate vice president of Microsoft.

The statement did not elaborate on the terms of the agreement, describing them as confidential.

Samsung has been embroiled in a series of patent disputes in recent years, most notably with US archrival Apple.

US mobile chip titan Qualcomm will pay nearly a billion dollars to end a long-running antitrust probe in China, the company said, in perhaps the biggest fine ever levied by Beijing in such a case.

Under terms of an agreement with China's National Development and Reform Commission (NDRC), Qualcomm will modify its business practices in the country and pay 6.088 billion yuan (around $975 million), the California-based chip maker announced.

The agreement will end the commission's investigation into Qualcomm under of China's anti-monopoly law, according to the company.

"We are pleased that the investigation has concluded and believe that our licensing business is now well positioned to fully participate in China's rapidly accelerating adoption of our 3G/4G technology," Qualcomm president Derek Aberle said in a release.

The NDRC said the fine was equivalent to eight percent of Qualcomm's 2013 sales in China, as it blasted the US company over its actions.

Qualcomm's business practices "excluded and restricted market competition, hampered and restrained technical innovation and development, harmed consumers' interests, and violated the country's anti-monopoly law," it said in a statement.

The NDRC, one of three Chinese government agencies which handle anti-trust cases, said the company charged "exorbitant" licensing fees, bundled sales of patent licenses and attached "unreasonable" conditions to sales of chips.

Qualcomm said that as part of the settlement it modified the terms under which it licenses its mobile chip technology in China.

The NDRC has said the investigation -- which formally started in November 2013 -- was triggered after unnamed industry players complained the firm was abusing its market dominance to charge high prices.

Over the past two years, Chinese authorities have stepped up scrutiny of foreign firms, launching sweeping investigations into alleged malpractice in sectors ranging from pharmaceuticals to baby formula.

In August last year, the NDRC levied a combined 1.24 billion yuan fine on 12 Japanese auto parts firms, which media reports at the time said was the biggest ever in an anti-monopoly case.

Qualcomm shares ended the trading day up slightly on Monday and then rose more than one percent to $68.10 in after-market activity.

Qualcomm chief executive Steve Mollenkopf said the deal "has removed the uncertainty surrounding our business in China, and we will now focus our full attention and resources on supporting our customers and partners in China and pursuing the many opportunities ahead."

Qualcomm, whose chips are used in a large number of mobile phones and devices, agreed to charge royalties of five percent for 3G devices and 3.5 percent for 4G devices, and will not condition the sale of chips on "unreasonable" terms, according to the agreement.

gc-bxs/slb/kjl

QUALCOMM


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