DOJ starting AT&T, Verizon antitrust reviews?
updated 02:50 pm EDT, Mon July 6, 2009
DOJ Starting ATT Antitrust
Cellular carriers have been given added pressure on Monday as a new leak claims the US Department of Justice is beginning a review of whether major providers are violating antitrust laws. The government's head for such cases, Christine Varney, is said by Wall Street Journal tipsters to be reviving Sherman antitrust law and checking to see whether AT&T, Verizon and other providers are misusing their dominant positions to stifle competition, particularly with exclusive handset deals. Politicians and DOJ officials have been concerned that AT&T's deal for the iPhone and similar bargains have prevented smaller carriers from offering a fair challenge.
The informal look is still in "very early stages" but is also investigating complaints about limitations for what third-party companies can do using carriers' data networks, the rumor adds. Critics have often accused companies of blocking certain media download and VoIP apps not because of carriers' self-proclaimed bandwidth issues but to prevent legitimate competition from rival services. Still questionable but substantial allegations have charged AT&T with limiting SlingPlayer to Wi-Fi to help its own IPTV service.
Carriers themselves have long denied these claims, arguing that exclusivity deals lets them guarantee a lower price for a given phone and that they've been willing to remove barriers to certain kinds of apps when technology allows. AT&T, for example, told Electronista earlier this year that it will accept VoIP on 4G much more freely as the latency should be low enough to permit more natural conversations.
It's unknown how close the Deparment might be to launching a formal investigation.







Fresh-Faced Recruit
Joined: May 2004
DOJ on shaky ground
As much as I would love to have the carriers get squeezed like grapes, the DOJ doesn't have a leg to stand on, at least with regards to anti-trust matters here.
The exclusives deals don't involve collusion between the carriers. If anything, they are in fierce competition to get exclusives to keep those units away from their competitors. None of the carriers have even 70% of the market, so no monopoly. What we have is an oligopoly situation (like Pepsi vs. Coke), where the big carriers are more able to construct beneficial deals with handset manufacturers.
The best bet for anti-trust behavior would be in the apparent collusion on SMS text pricing. Again, this has been a required part of the GSM protocol since 1985, so they are charging for something that is required to make the phone work on their network. Again, there is a market here, and (ignorant) consumers have been willing to pay the ridiculous charges from all competitors. I'm sure there are small wireless companies that offer SMS texting for free, but that isn't enough for them to attract enough customers to become one of the big four.
-- Len