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The Competition Act is based on the EC’s competition rules and contains a
prohibition against anti-competitive cooperation and abuse of dominant position.
The Competition Act is of importance for how undertakings choose to act in the
market. An undertaking that consciously or carelessly breaches any of the
prohibitions contained in the Competition Act may be liable to pay a competition
impairment penalty, i.e. a kind of administrative fine. The competition impairment
penalty may amount to at most 10 per cent of the undertaking’s total annual
turnover.
http://www.pts.se/Archive/Doc[....]elecommunications%20Market.pdf
page 8.. while it's not the law, it references how the law stands
mobilephones@competition-commission.gsi.gov.uk
might be worth someone with better English than me sending the above people a friendly email?
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[ This Message was edited by: fatreg on 2007-11-11 21:42 ]
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Posted: 2007-11-11 22:37:28
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"Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States.
This can mean,
(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts."
that pretty much sums up the iPhone to me.
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Posted: 2007-11-11 22:56:00
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@fatreg
Your a star nice find as this is what i am basing the fact that what is is being done is just not right or Legal.
@all
Does any one know why the Networks all started selling us unlock codes where as previously they used to make us wait till either the end of the contract or pay the contract off? and what changed that made them do it?
Marc
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[ This Message was edited by: Dogmann on 2007-11-11 21:59 ]
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Posted: 2007-11-11 22:56:55
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Superluminova Posts: > 500
it was all in that article i read! damm whey did i just skim it and not read it fully!
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Posted: 2007-11-11 22:59:06
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Bingo Marc!
might send them peeps a nice email myself, need to think up some big, clever words and McSend it to them and see what they have to say for themselves...
Although are we possibly teetering on the edge of getting the iPhone pulled from sale!?
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Posted: 2007-11-11 22:59:32
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hmm... well thats a report is on "The mobile telecommunications
market in
Sweden from a consumer and competition perspective" though it does raise the subject of anti-competitiveness.
However ofcom (even in that ancient 2002 report I linked to) already acknowledge that phone companies are entitled to recoup their handset subsidy and so that can hardly be considered as anti-competitive as long as (I suppose):-
a) you do have a contractual commitment to the phone company
b) you can pay out the subsidy and thus free youself of the contract
c) and (to a lessor extent) all phone companies are doing the same practice
so I'm not sure this offers anything to confirm the legality or otherwise of compulsory unlocking in UK but it does bring us full circle to the question of whether iPhone is subsidised or not.
Moving on from the question of "compulsory unlocking in UK" to the question at hand... from the above statements and the fact that you can buy it without a contract from Apple suggests that iPhones bought out of contract should not be locked in the first place or should be unlocked on demand since surely Apple is not subsiding the handset as this then certainly appears to fall into anti-competitiveness.
well, I'm no lawyer though I have a reasonable amount of experience in the copyright area due to my work in television and film copyright management software for ABC in Australia and so can understand a reasonable amount of legal-ese, but I feel this really will come down to a test case in EU/UK
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Posted: 2007-11-11 23:11:18
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On 2007-11-11 23:11:18, masseur wrote:
but I feel this really will come down to a test case in EU/UK
and i nominate dogmann for the testcase.
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Posted: 2007-11-11 23:21:25
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Superluminova Posts: > 500
Oh on subsiding, that doesn't really come into it for me, as all pay as you talk phones are subsidised.
So as far as i can understand, if i buy a phone on pay as you talk i can get an unlock code no problem at all.
so what makes the iPhone so special?
[ This Message was edited by: Superluminova on 2007-11-11 22:35 ]
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Posted: 2007-11-11 23:23:23
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so what makes the iPhone so special?
It's all to do with the fact that, for the first time ever, the phone manufacturer i.e. Apple, gets a cut of the operator revenue for each iPhone contract customer.
No O2 contract = no monthly income for Apple!
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Posted: 2007-11-11 23:39:31
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Superluminova Posts: > 500
so what your saying is that two companies have came together and are trying to monopolies the market?
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Posted: 2007-11-11 23:42:53
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