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A federal jury decided on Monday that Google’s app store has benefited from anticompetitive behavior, but it could take a long time before the company faces any potential changes to the Google Play store, and those changes are unlikely to hurt revenue significantly. That said, the ruling could give more ammunition to other antitrust cases against the company, even though those cases will likely take years to reach a resolution.

Epic Games originally sued Google in 2020, alleging it uses its dominant position as the developer of Android to strike deals with handset makers and collect excess fees from consumers. Google collects between 15% and 30% for all digital purchases made through its storefront. Epic tried to bypass those fees by charging users directly for purchases in the popular game Fortnite; Google then booted the game out of its store, spurring the lawsuit.

After a four-week trial in a northern California federal court Monday, a jury unanimously found that Google had acquired and maintained monopoly power in the Android app distribution market, as well as the in-app billing market for digital goods and services transactions. Epic filed a similar suit against Apple but lost in federal appeals court in April.

In an interview with CNBC, Epic CEO Tim Sweeney attributed the win to revelations during the trial that Google had allegedly deleted or failed to keep records such as chats about its secretive deals with app makers. He also noted that it had been a jury trial, while the Apple case was decided by a judge.

The decision comes as Google faces two separate Justice Department suits in Virginia and Washington, D.C., related to allegedly anticompetitive behavior

Judge James Donato of the United States District Court for the Northern District of California will decide on remedies in the next phase in the coming months. Google could be forced to change its Play Store rules, which is what Epic asked for as opposed to monetary relief.

What’s at stake?

The company doesn’t break out Google Play revenue separately, but it is included in its “Google Services” segment, which brought in $67.99 billion in the third quarter of 2023 — an increase from $61.38 billion the year prior. It earns money from consumer in-app purchases and subscriptions. 

A Wells Fargo analyst note Tuesday estimates Google will book $38.5 billion in Google Play Store billings in 2023. That’s about 13% of the company’s total expected revenue of $305.7 billion for the year, according to estimates from LSEG (formerly Refinitiv).

Epic’s victory could force Google to change its app store billing model, so it could no longer force app makers to use Google’s billing system as a condition for distribution through the Play Store.

It could also force Google to make changes to its Android commission, where it charges a 15% to 30% fee on digital goods and services purchased within apps.

The court could force Google give other app stores more exposure on its Android ecosystem, which has the largest share of the smartphone operating system market worldwide. The Google Play Store comes preinstalled on most Android devices, but users can install alternate stores manually. The court could require Google to allow other app stores equal footing on third-party devices, prevent Google from restricting distribution of those app stores, or take other measures to make sure consumers had alternatives.

In addition, the information that came to light during the trial could give third parties more negotiating leverage, argued KeyBanc analysts in a note late Monday night.

During the trial, Epic Games called a Google executive who testified that Google gave Spotify a special rate on Google Play subscription purchases — only 4%, versus 15% for others.

Epic Games CEO Tim Sweeney told CNBC Tuesday “I think it’s going to be impossible for Google Business Development to avoid giving everybody the Spotify deal at this point, and we’ll see, I hope, I hope journalists give that a good amount of scrutiny.”

Other financial information also came out during the trial. For instance, Pichai revealed that Google pays Apple 36% of Safari search revenue under the terms of a default search agreement that is core to the Justice Department’s separate antitrust claims. Epic’s attorney then alleged that Google pays Samsung, Android’s largest hardware partner, less than half of what it pays to Apple. Pichai replied that while he didn’t know for certain, it was possible.

A long journey ahead

It will be a while before any potential changes come to pass.

Google denied any wrongdoing and says it will appeal the verdict, so it could be tied up in appeals court for years. 

“The trial made clear that we compete fiercely with Apple and its App Store, as well as app stores on Android devices and gaming consoles,” wrote Wilson White, VP, Government Affairs & Public Policy in a statement. “We will continue to defend the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem.” 

Analysts noted Tuesday they expect a multi-year process before any changes would likely come to pass. “Google’s epic loss is much ado about nothing,” wrote Needham analysts.

Worst case scenario, Needham analysts argued, was that “Google loses all appeals and must add competitors, though it’s unclear consumers would move,” they stipulated. “Also, Google could charge new competitors to the Play store a revenue share of 15%+ so that the new competitors would have to charge consumers higher fees that includes Google’s ‘overhead’ charge.”

However, the verdict does have the potential to arm separate antitrust action against the search giant — ones that are closer to the heart of the company’s core revenue streams. Some analysts have noted that the loss for Google could influence an ongoing similar case brought by the Department of Justice.

Investors are awaiting more details of potential remedies to react strongly one way or another. Alphabet’s stock barely moved upon news of the verdict, and closed down less than 1% on Tuesday.

CNBC Tech Reporter Kif Leswing contributed to this report.

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Apple looks to boost sales in China with hefty discounts as e-commerce festival gets underway

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Apple looks to boost sales in China with hefty discounts as e-commerce festival gets underway

An advertisement for the Huawei Pura70 mobile phone is being seen in front of the Apple Store on the pedestrian street of Nanjing Road in Shanghai, China, on May 15, 2024.

Nurphoto | Nurphoto | Getty Images

Apple is offering hefty discounts on iPhones in China in a bid to boost sales amid intense competition from local brands such as Huawei, as promotions for the country’s 618 shopping festival get underway.

Chinese e-commerce marketplaces JD.com and Alibaba’s Tmall have been selling select iPhone models at discounts as high as 20% since promotions for 618 festival started on Monday.

Apple’s 256-gigabyte iPhone 15 Pro Max was being sold for 7,949 yuan (US$1,120), down from the original 9,999 yuan, a significantly higher discount than those reported in February

Tmall and JD.com are some of Apple’s sales channels in the country that regularly promote discounts during the mid-year 618 shopping festival. 

According to a statement from Alibaba, this year’s event will include two sales periods from May 20 to May 28, and from May 31 to June 20. 

Apple is also offering discounts of up to 6,100 yuan on the iPhone 15 when Chinese buyers trade in iPhone 11 or later versions, according to the company’s website.

Apple's problem is their over-reliance on the iPhone, says Tom Forte

While the promotions coincide with the shopping festival, the steep discounts are also likely tied to slowing iPhone sales, Le Xuan Cheiw, an analyst at technology market research firm Canalys, told CNBC. 

“Apple’s second price cut in 2024, following the first in February, aims to boost sales and counteract Huawei’s resurgence,” he said, noting that earlier cuts had boosted sales momentum. 

The company has been experiencing headwinds in China, one of its largest markets, since Chinese telecoms company Huawei launched new smartphone models late last year, utilizing advanced chips, which the U.S. had sought to restrict the company from gaining access to. 

In the first three months of this year, Apple experienced a 25% year over year decline in sales in China, with its market share dropping from 20% to 15% over the same period, according to data from Canalys.

Meanwhile, last month, Huawei introduced another challenger to the iPhone with a new series of high-end smartphones, the Pura 70.

However, despite the struggles in China and a 10% decline in global iPhone sales in the March quarter, the company has managed to maintain investor confidence following an earnings beat and massive stock buyback earlier this month.

Apple also expanded its gross profit margin by 46.6% in the quarter, thanks in large part to its growing services business, with the company signaling revenue growth in the current quarter. 

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Tesla Fremont factory suffers another fire, investigation underway

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Tesla Fremont factory suffers another fire, investigation underway

An aerial view of the Tesla Fremont Factory on April 24, 2024 in Fremont, California. 

Justin Sullivan | Getty Images

A fire broke out at Tesla‘s vehicle assembly plant in Fremont, California on Monday afternoon, according to a statement from the Fremont Fire Department, posted on social network X.

No injuries were reported among employees and fire fighters present at the scene, the department said.

An undisclosed number of fire fighters had responded to the fire, which broke out before 5:00 p.m., at the Tesla facility at 45500 Fremont Boulevard. The incident was described as a two-alarm, commercial structure fire in a two-story building.

The fire apparently originated in an oven used in vehicle manufacturing operations, the department said, adding that cause of the fire was “under investigation” as of Monday evening.

The fire was “knocked down” in a matter of hours, the department said, and the fire-fighting crew had been released from the scene as of around 8 p.m.

The Fremont factory is Tesla’s first mass EV manufacturing facility. It was first to produce the company’s popular Model 3 sedans, and Model Y crossover utility vehicles, as well as its higher-end Model S sedan and Model X, an SUV with falcon wing doors.

On May 17, 2024 Tesla celebrated a milestone for its Fremont factory in conjunction with their battery factory outside of Reno, Nevada, saying they had surpassed production of 3 million vehicles.

Monday’s fire followed sweeping layoffs at the Elon Musk-led automaker. Tesla recently cut another 601 jobs in California, including 164 at the Fremont factory.

Among jobs cut in Fremont in this latest wave of the layoffs were two directors of Environmental Health and Safety (EHS), and a myriad of others involved in EHS, security, equipment maintenance and emergency services, according to filings by the company with the California Employment Development Division.

Tesla’s Fremont factory has a history of fires. For example, several fire incidents occurred at the factory from 2014 to 2018, including a mix of indoor and outdoor fires in 2018 alone, with more still in 2019 and 2021.

Fires at the Fremont factory in the past have sometimes necessitated a pause in production.

Tesla did not respond to a request for further information on Monday evening.

Local environmental regulators, the Bay Area Air Quality Management District (BAAMQD), recently accused Tesla of allowing “unabated emissions” at the Fremont plant, and said that toxic air pollution should have been prevented.

The BAAMQD is now seeking an abatement order that would force Tesla to implement changes to its factory operations to prevent further pollution.

On Monday night, the BAAMQD told CNBC via e-mail that it was “aware of the fire and assessing” the situation in Alameda County.

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Samsung Electronics names new chief for semiconductor business as AI chip race heats up

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Samsung Electronics names new chief for semiconductor business as AI chip race heats up

Samsung is the world’s biggest maker of memory chips.

Jakub Porzycki | Nurphoto | Getty Images

Samsung Electronics named a new head for its semiconductor business on Tuesday, as the firm strives to lead the AI chip race.

Young Hyun Jun will replace Kyehyun Kyung, who will now head the future business division, which focuses on discovering new growth opportunities, as well as Samsung Advanced Institute of Technology.

The firm aims “to strengthen its competitiveness amid an uncertain global business environment,” Samsung Electronics said, adding that Jun has extensive experience leading the company’s memory and battery manufacturing divisions.

Samsung is in intense competition with SK Hynix to produce the most advanced memory chips in the market to ride the AI wave. The memory chip market is currently dominated by Samsung, SK Hynix and Micron — the world’s top three suppliers.

SK Hynix has been leading on the high-bandwidth memory front, having been the sole supplier of HBM3 chips to Nvidia, which is at the forefront of AI chips. Nvidia is reportedly considering Samsung as a supplier too.

“We expect the competition in high-bandwidth memory to intensify in 2025. For the HBM3 generation, SK Hynix is the exclusive supplier to Nvidia, and we believe there were a few quarters of technology gaps between SK Hynix and Samsung,” Kazunori Ito, director of equity research at Morningstar, said in a report earlier this month.

We think SK Hynix will be one of the biggest beneficiaries of AI growth, analyst says

SK Hynix plans to begin mass production of its latest generation of high-bandwidth memory chips, the 12-layer HBM3E, in the third quarter, while Samsung Electronics aims to do the same within the second quarter, having been the first in the industry to ship samples of the latest chip.

“[This suggests] that Samsung is quickly closing the gap in the technology roadmap. As a result, we expect that all three major suppliers will be able to ship HBM3E to Nvidia, intensifying the price competition,” Ito said.

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