UKRAINE – 2022/01/07: In this photo illustration a Microsoft Azure logo seen displayed on a smartphone. (Photo Illustration by Igor Golovniov/SOPA Images/LightRocket via Getty Images)
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LONDON — Microsoft on Tuesday was accused of unfairly overcharging customers of rival cloud companies in a lawsuit claiming damages of more than £1 billion ($1.27 billion).
The lawsuit alleges customers using Amazon Web Services (AWS), Google Cloud Platform or Alibaba Cloud — all key competitors to Microsoft’s Azure cloud — are forced to pay more to license the tech giant’s cloud-based Windows Server software on rivals’ infrastructure.
Microsoft offers a cheaper price to firms running Windows Server on Azure than on direct competitors like AWS, Google’s cloud or Alibaba Cloud. The lawsuit argues firms running the widely-used server software are essentially being overcharged to use alternative cloud computing solutions.
It adds Microsoft leverages its dominant market position in cloud-based server operating systems by extracting higher prices and inducing customers into moving to Azure. Claimant Maria Luisa Stasi, a competition lawyer, is seeking more than £1 billion in compensation for firms affected.
Microsoft was not immediately available for comment when contacted by CNBC.
“Put simply, Microsoft is punishing UK businesses and organisations for using Google, Amazon and Alibaba for cloud computing by forcing them to pay more money for Windows Server,” Stasi, who is head of law and policy for digital rights advocacy group Article19, said in a statement shared with CNBC.
“By doing so, Microsoft is trying to force customers into using its cloud computing service Azure and restricting competition in the sector.”
She added the lawsuit “aims to challenge Microsoft’s anti-competitive behavior, push them to reveal exactly how much businesses in the UK have been illegally penalized, and return the money to organizations that have been unfairly overcharged.”
Thousands of British businesses and organizations are represented in the lawsuit, which is an “opt-out” collective action. That means that any company potentially affected is automatically counted and can receive a payout if Microsoft loses.
Stasi represents the customers of Amazon, Google and Alibaba but doesn’t represent any of these firms, her spokesperson told CNBC.
The CMA declined to comment on the specific timing of its provisional decision. However, it’s previously set a deadline of November to December 2024.
Earlier this year, Microsoft struck a 20 million euro ($21 million) settlement with cloud trade body CISPE and its members ending an EU antitrust complaint accusing the tech giant of unfair software licensing practices at its cloud division.
The deal saw Microsoft agree to charge firms the same price for running its software on smaller cloud companies’ systems as it does on its own Azure platform.
But in September, Google filed a fresh antitrust complaint against Google with the European Commission, the executive body of the EU.
The suit alleged that Microsoft’s software licensing terms effectively lock businesses into its Azure platform and make it harder to switch — and thus exerting control over the cloud market.
Solange Viegas Dos Reis, chief legal officer of French cloud computing firm OVHCloud, told CNBC some cloud hyperscalers are essentially “selling together two products that should be totally separated” — widely-used software and cloud infrastructure.
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There’s also an issue of hyperscalers offering more functionality of their software when it’s running on their own cloud services than on third-party cloud services, Dos Reis said without singling out any particular vendor.
From 2017 to 2022, European cloud firms’ market share halved from 27% to 13%, lagging international rivals as the entire European cloud market grew fivefold to 10.4 billion euros ($11 billion), according to data from Synergy Research Group.
The issue of software licensing in cloud is one that’s not been assessed previously, Dos Reis told CNBC in an interview last week, adding OVH has “a lot of hope” with the CMA’s cloud competition case.
OVHCloud agreed its own settlement with Microsoft in July, which saw it drop its own EU antitrust complaint against the U.S. tech giant.
File photo of Todd McKinnon, chief executive officer of Okta Inc.
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Shares of Okta popped more than 18% in extended trading Tuesday after the identity management company released third-quarter results that beat analysts’ estimates and offered rosy guidance.
Here’s how the company did:
Earnings per share: 67 cents adjusted vs. 58 cents expected by LSEG
Revenue: $665 million vs. $650 million expected by LSEG
Okta helps companies manage employees’ access to applications or devices with features such as single sign-on and multifactor authentication. The company swung to profitability, reporting net income of $16 million, or 9 cents per share, during the quarter, compared with a net loss of $81 million, or 49 cents per share, in the same period last year.
Revenue increased 14% from $569 million a year ago, according to a release. The company reported $651 million in subscription revenue for the quarter, beating the $635 million average analyst estimate, according to Street Account.
“Our solid Q3 results were underpinned by continued strong profitability and cash flow,” Okta CEO Todd McKinnon said in a statement. “The focused investments we’ve made in our partner ecosystem, the public sector vertical, and large customers are materializing in our business with each of these areas contributing meaningfully to top-line growth.”
For the fourth quarter, Okta said it expects to report revenue between $667 million and $669 million, topping the $651 million average estimate, according to LSEG. The company expects to report earnings of 73 cents to 74 cents per share for the period, which also exceeded estimates.
Prior to the close, Okta shares were down 10% for the year, while the Nasdaq is up 30% over that stretch.
Okta will host its quarterly call with investors at 5 p.m. ET.
Marc Benioff, chief executive officer of Salesforce, speaks during the World Economic Forum in Davos, Switzerland, Jan. 18, 2024.
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Salesforce shares were up 9% on Tuesday after the company’s fiscal third-quarter earnings report showed revenue and fiscal fourth-quarter guidance that exceeded analysts’ expectations.
Here’s how the company did compared with what Wall Street was expecting, based on a survey of analysts by LSEG:
Earnings per share: $2.41 adjusted vs. $2.44 expected
Revenue: $9.44 billion vs. $9.34 billion expected
The company’s revenue grew 8% year over year during the fiscal third quarter, which ended Oct. 31. Its net income was $1.5 billion in the quarter, up 25% from $1.2 billion a year ago.
Salesforce said it is expecting fiscal fourth-quarter sales of between $9.90 billion and $10.10 billion. Analysts were projecting $10.05 billion in fourth-quarter sales.
The company said it expects earnings per share of between $2.57 and $2.62 in the fourth quarter, compared with analysts’ expectations of $2.65.
Salesforce also raised the low end of its revenue guidance, expecting a range of $37.8 billion to $38 billion for its fiscal 2025. That’s up slightly from $37.7 billion to $38 billion previously. The new range puts the midpoint for Salesforce’s fiscal 2025 revenue guidance at $37.9 billion, ahead of analysts’ expectations of $37.86 billion.
“We delivered another quarter of exceptional financial performance across revenue, margin, cash flow, and cRPO,” Salesforce CEO Marc Benioff said in a statement. “Agentforce, our complete AI system for enterprises built into the Salesforce Platform, is at the heart of a groundbreaking transformation.”
In a call with analysts, Benioff boasted about Salesforce’s latest artificial intelligence push, including the company’s AI-powered chatbots dubbed Agentforce, which investors are closely monitoring for growth. Salesforce’s Agentforce product is an example of so-called AI agent technology. Several companies have said they believe that these advanced chatbots represent the next logical step from ChatGPT and other related tools powered by large language models.
“We’re delivering these incredible Agentforce capabilities as well,” Benioff said. “This is a bold leap in the future of work, where AI agents let humans unite to transform all of our customer interactions.”
Benioff also revealed that he ruptured his achilles tendon on a recent birthday scuba-diving trip to Fakarava, an atoll in French Polynesia. Benioff expressed disappointment that the hospital that treated him couldn’t schedule his follow-up appointments using AI agents.
“That is the message to our customers, which is how are you going to give some of your people a break, let them get back to their strategic work, let them focus on what really matters,” Benioff said.
The company in August announced that Amy Weaver would step down from her role as chief financial officer but remain in the position until the company appoints a successor, after which she will become an advisor. That same month, activist investor Starboard Value revealed that it boosted its position in Salesforce by roughly 40% in the second quarter following the firm issuing a letter earlier in the year saying that Salesforce was continuing to move “in the right direction” in regard to improving its profit margin.
Starboard Value released a presentation in October in which it noted that Salesforce “can continue to become more efficient and more profitable.”
Entrepreneur Brian Singerman (R) and Noelle Moseley arrive at the Tenth Breakthrough Prize Ceremony at the Academy Museum of Motion Pictures in Los Angeles, California, on April 13, 2024.
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Brian Singerman, one of the earliest employees of Peter Thiel’s Founders Fund, said on Tuesday that he’s stepping down as a general partner.
Singerman, who joined the firm 17 years ago and became a partner four years later, wrote in a post on X that he’s moving into the role of partner emeritus and will stay on as an “investor and strategic advisor.” Singerman is best known for supporting the firm’s investments in Elon Musk’s SpaceX and defense-tech companies like Anduril.
In exiting the partner ranks, Singerman leaves Founders Fund with three general partners: Thiel, Napoleon Ta and Trae Stephens.
Thiel helped launch Founders Fund in 2005 and has since turned it into one of the leading venture firms in the country, thanks to early bets on Facebook, SpaceX and Palantir, which he co-founded. Keith Rabois left the firm earlier this year and returned to Khosla Ventures, where he worked before joining Thiel.
“From its inception and still today, FF is the place where talented, unconventional thinkers are encouraged to follow their convictions and make world-changing bets,” Singerman wrote in his post.
It’s been a tough few years for the venture industry, with IPOs virtually drying up in late 2021 due, at the time, to rising inflation and interest rates. There have been signs of life of late, with a few companies indicating plans to go public next year, but the highest-valued private companies have yet to indicate when they’ll test out the market.
Bloomberg reported on Monday that SpaceX is considering a tender offer that would value the rocket company at $350 billion, up from $210 billion earlier this year.