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May 4, 2009 4:26 PM PDT

Report: FTC eyes Apple, Google board relationship

by Tom Krazit
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Correction, 5:03 p.m. PDT: This story had an incorrect title for Art Levinson. He is the former CEO of Genentech.

The Federal Trade Commission has decided to take a look at the cozy relationship between Google and Apple, according to a report.

The New York Times reported Monday that Google and Apple have been informed that the FTC would like to investigate whether the fact that Apple and Google have two members of their boards of directors in common--Google CEO Eric Schmidt and former Genentech CEO Art Levinson--amounts to a violation of antitrust law. The Times attributed the news to anonymous sources; all three parties--the FTC, Apple, and Google--declined to comment on the matter for the report.

Schmidt's involvement on Apple's board has long raised eyebrows, especially after Google revealed plans to release its own mobile operating system in Android. Schmidt has said he recuses himself from Apple board meetings where the iPhone is discussed, but under Section 8 of the Clayton Antitrust Act, companies are not supposed to have the same board members if "it would reduce competition between them," the Times reported.

Given that Android is such a small part of Google's business at this point in its history, the relationship between the two companies may not amount to a clear violation, according to legal experts interviewed by the Times. Still, neither company is likely to be thrilled about government scrutiny; Google is reportedly facing another investigation from the Department of Justice over Google Book Search.

Tom Krazit writes about the ever-expanding world of Internet search, including Google, Yahoo, online advertising, and portals, as well as the evolution of mobile computing. He has written about traditional PC companies, chip manufacturers, and mobile computers, spending the last three years covering Apple. E-mail Tom.
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by cowatson May 4, 2009 4:43 PM PDT
Awesome, Atlas Shrugged coming to life care of the government Apple and Google wholeheartedly backed. Serves them right for putting the looters into power.
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by Police_States_of_America May 4, 2009 5:18 PM PDT
unfortunately not everything in life is as romanticized as ayn rand books. she was known to be a dictator within her own circle of friends on occasion. everyone is corruptible.
by Beezoo May 4, 2009 4:53 PM PDT
Does this have the stench of the bad breath being exhaled by a Dancing Monkey to any one else but me?
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by sciontcya May 4, 2009 6:18 PM PDT
Indeed.
But, OTOH, I'd rather have them have a gander now and make sure things stay on the straight.
I'm an Apple fanboy, as the folks here at CNET like to say, but Apple can win fairly.
Yep - I think Fester is behind this :)
by zato_3 May 4, 2009 7:54 PM PDT
The stench of Microsoft, you mean? The stench of Monkeyboy sweat?
Yes, that did cross my mind.
by BogusBasin May 5, 2009 7:31 AM PDT
Developers developers developers developers! Amen
by Seaspray0 May 5, 2009 12:18 PM PDT
It's the federal trade commission doing this. Are you implying that microsoft now runs the federal trade commission? What a laugh!
by ddhboy May 4, 2009 5:01 PM PDT
Meh. I haven't seen any helping hands between the two companies save for allowing youtube to run on the iPhone/iPod Touch, though I suspect that is mostly because iphone youtube uses the same mobile youtube that other phones use. Also google maps being the default map program for the iPhone's gps services, but what other well recognized freely available mapping service could they use? Microsoft's?
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by Vegaman_Dan May 4, 2009 6:43 PM PDT
Google has a favored Application Developer status, granted permission to use parts of the OS that were denied to other developers which, had those developers done the same as Google, would have resulted in their apps being pulled and their developer account cancelled. There was quite a stink about it at the time, however nothing came of it and Google still retains that reputation as having a preferred developer status.

But outside that, they both have browsers too and I don't see anyone complaining that Chrome is stifling Safari's advancement or marketshare. There's a lot of things you could probably dig into if you wanted to look for it.

In the end, does it matter? Not really. Now when Google releases a phone under their own name and not just the OS on bad handsets, then there may be some substance to these questions.
by Henzapper May 4, 2009 7:20 PM PDT
Wait, I don't understand. Wouldn't Android getting bigger INCREASE the competition between the two companies (the article seems to suggest otherwise)? Unless what you're saying is that the combination of iphone and Android is decreasing competition from every other smartphone OS?
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by ddhboy May 5, 2009 8:29 AM PDT
To me it doesn't really seem that they (google) care too much about Android since support has been pretty lackluster in terms of hardware manufactures and they don't really seem to care about pushing the OS like Microsoft, Apple and Palm are with their OSes.
by Dani210 May 4, 2009 9:31 PM PDT
I KNOW!!!! like they are already two different cell carriers, and come on, apple??? it's not like they are gonna have a monopoly by being teamed up with google, they should be looking at microsoft for gods sake, everyone knows they've had too much of a monopoly in the computer industry for almost 15 years! wow, i thought that Apple would be completely free of this matter. wow
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by BtmnHatesRbn May 4, 2009 10:53 PM PDT
Matters not. Apple and Google are huge donors to the DNC and Soetoro/Obama himself. Ergo, a simple phone call to those in power and this thing either becomes a show or nothing comes of it at all.
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by TomMariner May 5, 2009 12:07 AM PDT
My (probably unfair) knee jerk reaction is "Uh oh -- it is a Democratic administration, and just as in the Microsoft anti-trust case, we are breaking out our legal and public rellations machines to attack our successful companies." Yeah, the last thing we want in an economy that needs some good news is businesses that actually make money!

And, of course, next comes the EU and the rest of the world whose motives are competitive in favor of their local companies. Hey, if the US is calling these firms bad guys in their own land, we should get our piece of the pie to prop up our economies.

I have a feeling that, just like Microsoft, the efforts will not be necessary as competition arrives, except in this case, it may be because the company execs decide it is better to relocate the whole firm to another land where the regulatory and taxation climate is more favorable to success. It isn't whole steel or auto plants that have to stay where they are planted -- In a global economy if a firm doesn't consider a move when threatened by their own government, competition in the foreign country will steal their customers and put them under anyway.
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by BogusBasin May 5, 2009 7:12 AM PDT
I guess there are still a few Republicans holding on after all. Drill baby drill! Wink wink you betcha! Amen
by ddhboy May 6, 2009 10:38 AM PDT
BogusBasin are you thick? Just because someone objects to accusations of antitrust doesn't mean that they're a republican, nor does them being a republican make them stupid. The fact is that there are some members in the obama administration that view Google as a Monopoly. As others including this site has said, that isn't really true. Yes Google is the king of internet searches, but as far as things go Microsoft and Yahoo generate a good deal of traffic on their network of sites. remember when that Google-Yahoo advertising deal got crushed? Know why it got crushed? Because someone in the Obama administration was going to file an antitrust suit against google the same day.
by gopnick May 5, 2009 11:37 AM PDT
I wouldn't blame Apple or Google if they moved their operators to a country that doesn't attack success.
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by BogusBasin May 5, 2009 12:17 PM PDT
Oh look! Another GOPer! Two in one day! Rare to find you people out in public. So near extinction, but still trying to remain relevant. How's that "rebranding" coming?
Amen
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