Google offers new concessions to avoid fine in EU antitrust case

A Google logo is seen at the entrance to the company's offices in Toronto September 5, 2013.

Credit: Reuters/Chris Helgren

BRUSSELS | Mon Sep 9, 2013 6:19am EDT

BRUSSELS (Reuters) - Google has offered further concessions aimed at ending a three-year investigation into complaints it was blocking competitors and to avert a possible $5 billion fine, the European Commission said on Monday.

The new proposal comes two months after the Commission, which is the European Union's antitrust regulator, asked the world's most popular search engine for more measures to sooth concerns that it was blocking competitors, including Microsoft, in web search results.

"The Commission received a proposal from Google and is assessing it," EU Commission spokesman Jonathan Todd said. He did not provide details nor say if rivals would be given a chance to assess the concessions.

"Our proposal to the European Commission addresses their four areas of concern. We continue to work with the Commission to settle this case," Google spokesman Al Verney said.

Lobbying group FairSearch, whose members include Microsoft and other complainants such as online travel agency Expedia, British price comparison site Foundem and France's Twenga, urged the Commission to seek feedback from rivals.

"Given the failure of Google to make a serious offer last time around, we believe it is necessary that customers and competitors of Google be consulted in a full, second market test," FairSearch lawyer Thomas Vinje said in a statement.

Google, which has a market share of over 80 percent in Europe's Internet search market according to research firm comScore, told the Commission in April it would mark out its services from rival products in internet search results.

It also proposed to provide links to at least three competing search engines and make it easier for advertisers to transfer their search advertising campaigns to rival platforms.

But rivals said Google's offer was inadequate and would only reinforce its dominance.

The Commission has said Google may have favored its own search services over those of rivals and copied travel and restaurant reviews from competing sites without permission.

The EU executive is also concerned the company may have put restrictions on advertisers and advertising to prevent them from moving their online campaigns to competing search engines.

(Reporting by Foo Yun Chee; Editing by Mark Potter)

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Apple hit with U.S. injunction in e-books antitrust case

A woman holds up an iPad with the iTunes U app after a news conference introducing a digital textbook service in New York in this January 19, 2012, file photo.

Credit: Reuters/Shannon Stapleton/Files

By Nate Raymond

NEW YORK | Fri Sep 6, 2013 6:50pm EDT

NEW YORK (Reuters) - A U.S. judge who found Apple Inc conspired to fix e-book prices imposed new restrictions on the iPad maker on Friday, limiting its agreements with publishers.

U.S. District Judge Denise Cote in New York also said she would appoint an external monitor to review Apple's antitrust compliance policies, procedures and training for two years.

The injunction was narrower than the U.S. Justice Department had sought, in line with Cote's statement last week that she wanted it "to rest as lightly as possible on how Apple runs its business."

The department had sought a broader injunction that could have affected Apple's agreements with suppliers of movies, music and TV shows.

Cote ruled on July 10 that Apple was liable for conspiring with five publishers to raise e-book prices above those established by the dominant retailer in the market, Amazon.com Inc.

The five publishers, all of which have settled with regulators, include Lagardere SCA's Hachette Book Group Inc, News Corp's HarperCollins Publishers LLC, Penguin Random House LLC, CBS Corp's Simon & Schuster Inc and Verlagsgruppe Georg von Holtzbrinck GmbH's Macmillan.

The terms of Friday's judgment will expire after five years, but Cote's order allows for extensions in one-year increments if necessary.

The Justice Department welcomed the injunction.

"Consumers will continue to benefit from lower e-book prices as a result of the department's enforcement action to restore competition in this important industry," Assistant Attorney General Bill Baer said in a statement.

Apple said it would appeal the injunction.

"Apple did not conspire to fix e-book pricing," said company spokesman Tom Neumayr. "The iBookstore gave customers more choice and injected much-needed innovation and competition into the market."

Apple's shares rose 0.6 percent to $498.22 on Friday.

It faces a separate trial on damages demanded by states that are pursuing related claims.

The case is U.S. v. Apple Inc et al, U.S. District Court, Southern District of New York, No. 12-02826.

(Reporting by Nate Raymond; Editing by Eddie Evans and Ken Wills)

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Judge Approves $35 Million Flonase Antitrust Settlement

Days after approving a $150 million class action settlement between direct purchasers of nasal spray Flonase and manufacturer GlaxoSmithKline, a federal judge has approved a $35 million settlement between GSK and the indirect purchasers of the drug.

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