Houston Chronicle

Judge’s antitrust ruling goes against Qualcomm

- By Tali Arbel and Michael Liedtke

NEW YORK — A federal judge has ruled that Qualcomm unlawfully squeezed out cellphone chip rivals and charged excessive royalties to manufactur­ers such as Apple in a decision that undercuts a key part of its business.

The decision vindicates the U.S. Federal Trade Commission two years after it filed its antitrust lawsuit against the San Diego chipmaker. It’s a potentiall­y costly setback for Qualcomm, as the decision could slash its ability to extract big royalties from phone makers.

Qualcomm said Wednesday that it would appeal, suggesting the case could still take a few years to resolve.

“We strongly disagree with the judge’s conclusion­s, her interpreta­tion of the facts and her applicatio­n of the law,” Qualcomm General Counsel Don Rosenberg said in a statement.

The outcome seems likely to reduce the licensing fees paid to Qualcomm, but it’s unclear if device makers will pass on any of their savings and lower their prices. The royalties represent a relatively small portion of smartphone prices that now top $1,000 for some premium models.

U.S. District Judge Lucy Koh in San Jose, Calif., ruled Tuesday that Qualcomm Inc. must renegotiat­e licensing deals with customers. It must license its patents to rival chipmakers at fair prices and can’t sign exclusive agreements that block competitor­s from also selling chips to smartphone makers like Apple. Qualcomm must submit to FTC monitoring for seven years.

The case has geopolitic­al ramificati­ons. If Qualcomm suffers a big hit to its profitabil­ity, that could mean less spending on research and developmen­t — a knock to an American tech icon as the U.S. embarks on a politicall­y sensitive race with China to update to 5G, a new wireless technology.

“The Trump administra­tion views Qualcomm as almost the crown jewel for the U.S. in terms of U.S. technology developmen­t, similar to the way China views Huawei,” said Angelo Zine, CFRA analyst. “It will be interestin­g to see if this gets revisited.”

Qualcomm’s rivals are mostly Asian companies, including Huawei, Zine said. The Trump administra­tion has set bruising sanctions against Huawei and pushed European allies not to use the Chinese company’s technology due to national-security concerns of China spying.

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