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Technology

Google, in fight against record EU fine, slams regulators for ignoring Apple

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A 3D printed Android mascot Bugdroid is seen in front of a Google logo in this illustration taken July 9, 2017. REUTERS/Dado Ruvic/Illustration/File Photo

  • Google says Android exceptional success story of competition
  • EU says Apple not a rival because of smaller market share
  • Court verdict may come next year

LUXEMBOURG, Sept 27 (Reuters) – Alphabet (GOOGL.O) unit Google on Monday blasted EU antitrust regulators for ignoring rival Apple (AAPL.O) as it launched a bid to get Europe’s second-highest court to annul a record 4.34-billion euro ($5.1 billion) fine related to its Android operating system.

Far from holding back rivals and harming users, Android has been a massive success story of competition at work, representatives of Google told a panel of five judges at the General Court at the start of a five-day hearing.

The European Commission fined Google in 2018, saying that it had used Android since 2011 to thwart rivals and cement its dominance in general internet search.

Regardless of how the court rules, Google, Apple, Amazon and Facebook will have to change their business models in the coming years to ensure a level playing field for rivals following tough new rules proposed by European Union antitrust chief Margrethe Vestager.

“The Commission shut its eyes to the real competitive dynamic in this industry, that between Apple and Android,” Google’s lawyer Meredith Pickford told the court.

“By defining markets too narrowly and downplaying the potent constraint imposed by the highly powerful Apple, the Commission has mistakenly found Google to be dominant in mobile operating systems and app stores, when it was in fact a vigorous market disrupter,” he said.

Pickford said Android “is an exceptional success story of the power of competition in action”.

Commission lawyer Nicholas Khan dismissed Apple’s role because of its small market share compared with Android.

“Bringing Apple into the picture doesn’t change things very much. Google and Apple pursue different models,” he told the court.

Khan cited Google’s agreements which forced phone manufacturers to pre-install Google Search, the Chrome browser and the Google Play app store on their Android devices, and payments to pre-install only Google Search as conduct that did not allow for competition.

He said Google’s dominance as an incumbent and the immense barriers for rivals resulted in “a virtuous circle for Google but a vicious circle for anybody else”.

Android, free for device makers to use, is found on about 80% of the world’s smartphones. The case is the most important of the European Union’s three cases against Google because of Android’s market power. Google has racked up more than 8 billion euros in EU antitrust fines in the last decade.

German phone maker Gigaset Communications GmbH, which is backing Google, said its success as a European smartphone maker was due to Android’s open platform and lamented the negative impact of the Commission’s decision on its business.

“The licence fee for the Play Store that Google now charges as a result of the contested decision represents a significant portion of the price of Gigaset’s smartphones aimed at price-sensitive consumers,” its lawyer Jean-François Bellis told the court.

Lobbying group FairSearch, whose complaint triggered the Commission case, was however scathing about Google’s tactics with phone makers.

“Google adopted a classic bait and switch strategy. It hooked (them) on a supposedly free and open source operating system subsidised by its search monopoly, only to shut that system to competition through the web of restrictions at issue in this case,” its lawyer Thomas Vinje told the court.

A verdict may come next year. The case is T-604/18 Google vs European Commission.

($1 = 0.8537 euros)

Reporting by Foo Yun Chee; Editing by Kirsten Donovan

Our Standards: The Thomson Reuters Trust Principles.

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Business

Uber drivers are employees, not contractors, says Dutch court

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AMSTERDAM, Sept 13 (Reuters) – Uber (UBER.N) drivers are employees entitled to greater workers’ rights under local labour laws, a Dutch court ruled on Monday, handing a setback to the U.S. company’s European business model.

It was another court victory for unions fighting for better pay and benefits for those employed in the gig economy and followed a similar decision this year about Uber in Britain.

The Amsterdam District Court sided with the Federation of Dutch Trade Unions, which had argued that Uber’s roughly 4,000 drivers in the capital are in fact employees of a taxi company and should be granted benefits in line with the taxi sector.

Uber said it would appeal against the decision and “has no plans to employ drivers in the Netherlands”.

“We are disappointed with this decision because we know that the overwhelming majority of drivers wish to remain independent,” said Maurits Schönfeld, Uber’s general manager for northern Europe. “Drivers don’t want to give up their freedom to choose if, when and where to work.”

The court found drivers who transport passengers via the Uber app are covered by the collective labour agreement for taxi transportation.

“The legal relationship between Uber and these drivers meets all the characteristics of an employment contract,” the ruling said.

The FNV hailed the ruling.

“Due to the judge’s ruling, the Uber drivers are now automatically employed by Uber,” said Zakaria Boufangacha, FNV’s deputy chairman. “As a result, they will receive more wages and more rights in the event of dismissal or illness, for example.”

Uber drivers are in some cases entitled to back pay, the court said.

The judges also ordered Uber to pay a fine of 50,000 euros ($58,940) for failing to implement the terms of the labour agreement for taxi drivers.

In March, Uber said it would improve workers’ rights, including the minimum wage, for all of its more than 70,000 British drivers after it lost a Supreme Court case in February.

Uber also faced a legal setback in the United States, where the Supreme Court in May rejected its bid to avoid a lawsuit over whether drivers are employees and not independent contractors. read more

($1 = 0.8483 euros)

Reporting by Anthony Deutsch and Toby Sterling;
Editing by Emelia Sithole-Matarise and Edmund Blair

Our Standards: The Thomson Reuters Trust Principles.

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Technology

S.Korea parliament committee votes to curb Google, Apple commission dominance

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A 3D printed Google logo is placed on the Apple Macbook in this illustration taken April 12, 2020. REUTERS/Dado Ruvic/Illustration/File Photo

SEOUL, Aug 25 (Reuters) – A South Korean parliamentary committee voted early on Wednesday to recommend amending a law, a key step toward banning Google and Apple from forcibly charging software developers commissions on in-app purchases, the first such curb by a major economy.

After the vote from the legislation and judiciary committee to amend the Telecommunications Business Act, dubbed the “Anti-Google law,” the amendment will come to a final vote in parliament.

That vote could come on Wednesday, although South Korean news agency Yonhap reported that parliament would act at a later date. read more

A parliament official told Reuters the office had not yet received an official request not to hold the meeting on Wednesday.

Apple Inc (AAPL.O) and Alphabet Inc’s (GOOGL.O) Google have both faced global criticism because they require software developers using their app stores to use proprietary payment systems that charge commissions of up to 30%.

In a statement on Tuesday, Apple said the bill “will put users who purchase digital goods from other sources at risk of fraud, undermine their privacy protections”, hurt user trust in App Store purchases and lead to fewer opportunities for South Korean developers.

Wilson White, senior director of public policy at Google, said “the rushed process hasn’t allowed for enough analysis of the negative impact of this legislation on Korean consumers and app developers”.

Legal experts said app store operators could work with developers and other companies to create secure payment methods other than the ones they provide.

“Google and Apple aren’t the only ones that can create a secure payment system,” said Lee Hwang, a Korea University School of Law professor specialising in competition law. “I think it’s a problem to try to inspire excessive fear by talking about safety or security about using different payment methods.”

Based on South Korean parliament records, the amendment bans app store operators with dominant market positions from forcing payment systems on content providers and “inappropriately” delaying the review of, or deleting, mobile contents from app markets.

It also allows the South Korean government to require an app market operator to “prevent damage to users and protect the rights and interests of users”, probe app market operators, and mediate disputes regarding payment, cancellations or refunds in the app market.

This month in the United States, a bipartisan group of senators introduced a bill that would rein in app stores of companies that they said exert too much market control, including Apple and Google. read more

Reporting by Heekyong Yang and Joyce Lee. Editing by Gerry Doyle

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Business

S.Korea’s Krafton, maker of hit game ‘PUBG’, tumbles on debut

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Players are pictured as they attend the PUBG Global Invitational 2018, the first official esports tournament for the computer game PlayerUnknown’s Battlegrounds in Berlin, Germany, July 26, 2018. REUTERS/Fabrizio Bensch/File Photo

  • Shares fall as much as 20% below IPO price
  • Worries about China crackdown on gaming sector
  • Worst debut for S.Korean listing since 2004

SEOUL/HONG KONG, Aug 10 (Reuters) – Shares in Krafton Inc (259960.KS), the Tencent Holdings-backed (0700.HK) South Korean company behind blockbuster video game “PlayerUnknown’s Battlegrounds” (PUBG), fell as much as 20% on their trading debut on Tuesday.

Analysts attributed the share tumble of South Korea’s second-largest IPO to an expensive valuation and China regulation risks, with gaming companies facing uncertain prospects after China regulators have come down hard on a number of industries, upending norms with new guidance and rules.

Krafton shares opened down 9.9% from their IPO price of 498,000 won, making it South Korea’s lowest trading debut since LG Philips LCD, now LG Display, first went public in 2004, according to data from Refinitiv Eikon.

The stock closed down 8.8% from the IPO price, valuing the company at about $19.32 billion.

“This was a classic case of the owners being a bit too greedy in their valuation assessment of the company. Although the IPO price range was lowered, it was not lowered enough,” said Douglas Kim, an independent analyst, who publishes on Smartkarma.

Krafton derived 87% of its revenue from Asia excluding South Korea in the January-March quarter, a large portion of which is estimated by analysts to come from sales in China handled by Tencent.

Krafton earns fees by providing technology services for “Peacekeeper Elite”, a game similar to “PUBG Mobile” that Tencent distributes and is usually among China’s top two grossing games, it said in an IPO filing.

“About 70% (of sales) appear to be from Tencent,” LightStream Research analyst Mio Kato, who publishes on Smartkarma, told Reuters.

“China has already made noises about (Tencent’s) ‘Honor of Kings’ … If they also request changes for ‘Peacekeeper Elite’ that would be a negative and could be a very large negative.”

Shares in Tencent and global gaming companies with China exposure such as Activision Blizzard (ATVI.O) tumbled last week after the Economic Information Daily, which is affiliated with the official Xinhua Agency, called online gaming “spiritual opium”. read more

Tencent quickly said it would further curb minors’ access to its flagship video game “Honor of Kings”.

Still, Krafton raised $3.75 billion in South Korea’s second-largest IPO after Samsung Life Insurance’s (032830.KS) float in 2010, even after the firm cut its fund-raising target by a quarter after regulators ordered it to revise its filings.

Based on market capitalisation, Krafton was benchmark KOSPI’s (.KS11) 19th biggest stock on Tuesday, excluding preferred shares.

Some 65% of the IPO proceeds will go to Krafton, which plans to use the bulk of the funds to acquire other gaming companies. The remainder went to shareholders cashing out their investments.

More large offerings are in the pipeline in what is shaping up to be a bumper year for South Korean stock market floats, including EV battery maker LG Energy Solution and payments firm Kakao Pay, which is backed by China’s Ant Financial.

($1 = 1,148.9900 won)

Reporting by Joyce Lee and Scott Murdoch; Additional reporting by Gaurav Dogra and Jihoon Lee; Editing by Edwina Gibbs, Richard Pullin and Ana Nicolaci da Costa

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Business

Israel PM warns Unilever of “severe consequences” from Ben & Jerry’s decision

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JERUSALEM, July 20 (Reuters) – Israel warned consumer goods giant Unilever Plc (ULVR.L) on Tuesday of “severe consequences” from a decision by subsidiary Ben & Jerry’s to stop selling ice cream in Israeli-occupied territories, and urged U.S. states to invoke anti-boycott laws.

The Ben & Jerry’s announcement on Monday followed pro-Palestinian pressure on the South Burlington, Vermont-based company over its business in Israel and Jewish settlements in the West Bank, handled through a licensee partner since 1987.

Ben & Jerry’s said it would not renew the license when it expires at the end of next year. It said it would stay in Israel under a different arrangement, without sales in the West Bank, among areas where Palestinians seek statehood. read more

Most world powers deem Israel’s settlements illegal. It disputes this, citing historical and security links to the land, and has moved to penalise anti-settlement measures under Israeli law while securing similar legal protection in some U.S. states.

Israeli Prime Minister Naftali Bennett’s office said he spoke with Unilever CEO Alan Jope about the “glaring anti-Israel measure” by the ice cream maker.

“From Israel’s standpoint, this action has severe consequences, legal and otherwise, and it will move aggressively against any boycott measure targeting civilians,” Bennett told Jope, according to the statement from his office.

Britain’s Unilever did not immediately respond to a Reuters request for comment.

Gilad Erdan, Israel’s ambassador to Washington, said he had raised the Ben & Jerry’s decision in a letter sent to 35 U.S. governors whose states legislated against boycotting Israel.

“Rapid and determined action must be taken to counter such discriminatory and antisemitic actions,” read the letter, tweeted by the envoy, which likened the case to Airbnb’s 2018 announcement that it would delist settlement rental properties.

Airbnb reversed that decision in 2019 following legal challenges in the United States, but said it would donate profits from bookings in the settlements to humanitarian causes.

Palestinians welcomed the Ben & Jerry’s announcement. They want the West Bank, East Jerusalem and the Gaza Strip for a future state. Israel deems all of Jerusalem its capital – a status not recognised internationally.

Writing by Dan Williams
Editing by Jeffrey Heller and Raissa Kasolowsky

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Business

Tencent snaps up British video game developer Sumo in $1.3 bln deal

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  • Shares surge in early trading to all-time high
  • Tencent offers 513p per Sumo share
  • Sumo boss says he is keen work with Tencent

July 19 (Reuters) – China’s Tencent (0700.HK) will buy British videogame developer Sumo (SUMO.L) in a $1.27 billion deal, it said on Monday, adding new titles to its growing portfolio of chart-topping videogames.

The purchase, which will boost the Chinese internet giant’s presence globally, brings together Sumo’s racing and snooker games with Tencent’s more high-profile range of games that includes Call of Duty’s mobile version.

Shareholders in Sheffield-based Sumo will get 513 pence in cash per share, a 43% premium to the last price and valuing the company at 919 million pounds, Tencent said, sending Sumo’s shares surging 42% to a record high.

The deal comes days after China’s market regulator decided to block Tencent’s plans to merge videogame streaming sites, Huya (HUYA.N) and DouYu, on antitrust grounds.

It is the second major deal involving a British video game company over the past year, following U.S. video game maker Electronic Arts’ (EA.O) deal to buy Britain-based Codemasters. read more

Tencent, with stakes in companies that make Fortnite and League of Legends, is the world’s second-largest videogame group by revenue after Sony.

“Chinese deals may imply a higher regulatory risk, but we see no likely resistance or counterbid,” Jefferies analysts said.

EXPERTISE AND RESOURCES

Sumo, which counts Microsoft’s Xbox, Amazon Game Studios, Apple, Google and BBC as its clients and partners, has seen its value soar since a 2017 listing on LSE’s junior market AIM at 100 pence.

“The Board of Sumo firmly believes the business will benefit from Tencent’s broad videogaming eco-system, proven industry expertise and its strategic resources,” non-executive chairman Ian Livingstone said.

Tencent owns 8.75% and is the second-biggest shareholder in Sumo, which has 14 studios in five countries and released the video games including Hotshot Racing, Sackboy: A Big Adventure and WST Snooker last year.

Sumo’s boss Carl Cavers said he and co-founders Paul Porter and Darren Mills would reprise their roles.

“The opportunity to work with Tencent is one we just couldn’t miss,” said Cavers, who founded the company 18 years ago.

($1 = 0.7261 pounds)

Reporting by Muvija M in Bengaluru; Editing by Arun Koyyur and Edmund Blair

Our Standards: The Thomson Reuters Trust Principles.

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Business

China’s Didi raises $4.4 bln in upsized U.S. IPO -sources

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  • Didi sold 317 mln ADS, more than planned 288 mln -sources
  • Sells ADS at $14 a piece – sources
  • Would give Didi $73 bln valuation on fully diluted basis

June 29 (Reuters) – Chinese ride hailing company Didi Global Inc (DIDI.N) raised $4.4 billion in its U.S IPO on Tuesday, pricing it at the top of its indicated range and increasing the number of shares sold, according to two sources familiar with the matter.

Didi sold 317 million American Depository Shares (ADS), versus the planned 288 million, at $14 apiece, the people said on condition of anonymity ahead of an official announcement.

This would give Didi a valuation of about $73 billion on a fully diluted basis. On a non-diluted basis, it will be worth $67.5 billion. The company is expected to debut on the New York Stock Exchange on June 30.

The increase in deal size came after the Didi investor order book was oversubscribed multiple times, one of the sources said.

Investors have been told to expect their orders to be scaled back once allocations are completed on Wednesday, according to a separate source with direct knowledge of the matter.

Didi did not respond to a request for comment.

The listing, which will be the biggest U.S. share sale by a Chinese company since Alibaba raised $25 billion in 2014, comes amid record IPO activity this year as companies rush to capture the lucrative valuations seen in the U.S. stock market.

Didi’s IPO is more conservative than its initial aim for a valuation of up to $100 billion, Reuters has previously reported. The size of the deal was cut during briefings with investors ahead of the IPO’s launch. read more

This suggests increasing investor worries about China’s potential anti-trust related crackdown and a more volatile IPO environment globally in 2021, said Douglas Kim, a London-based independent analyst, who writes on Smartkarma.

A Didi logo is seen at the headquarters of Didi Chuxing in Beijing, China November 20, 2020. REUTERS/Florence Lo/File Photo

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“But it seems like many investors like this deal, the volatile IPO environment helped to lower IPO price and valuation looks attractive,” Kim told Reuters.

Didi’s IPO was covered early on the first day of the book-build last week and the investor books were closed on Monday, a day ahead of schedule. read more .

An over-allotment option, or greenshoe, exists where another 43.2 million shares can be sold to increase the deal size.

DIDI HISTORY

Didi was co-founded in 2012 by former Alibaba employee Will Wei Cheng, who currently serves as the chief executive officer. Cheng was joined by Jean Qing Liu, a former Goldman Sachs banker and the current president of the ride-sharing company.

The company counts SoftBank (9984.T), Uber Technologies Inc (UBER.N) and Tencent (0700.HK) as its main backers.

Didi is also known for successfully pushing Uber out of the Chinese market after the U.S. company lost a price war and ended up selling its China operations to Didi for a stake. Liu Zhen, the head of Uber China at the time, is Didi’s Liu’s cousin.

Like most ride-hailing companies, Didi had historically been unprofitable, until it reported a profit of $30 million in the first quarter of this year.

The company reported a loss of $1.6 billion last year and an 8% drop in revenue to $21.63 billion, according to a regulatory filing, as business slid during the pandemic.

Its shares are due to start trading under the “DIDI” symbol.

Reporting by Echo Wang in New York and Anirban Sen in Bengaluru and Scott Murdoch in Hong Kong; Editing by Greg Roumeliotis, Bill Berkrot and Himani Sarkar

Our Standards: The Thomson Reuters Trust Principles.

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