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Conference 7.286::digital

Title:The Digital way of working
Moderator:QUARK::LIONELON
Created:Fri Feb 14 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:5321
Total number of notes:139771

4286.0. "EU Raids Digital's Offices in Europe (from UK Livewire)." by VANGA::KERRELL (salva res est) Wed Nov 22 1995 03:41

+-+-+-+-+-+-+-+                                                 -----------  
|d|i|g|i|t|a|l|                   22-Nov-95                      LIVE WIRE
+-+-+-+-+-+-+-+                  DIGITAL NEWS                   -----------

    EU RAIDS DIGITAL'S OFFICES IN EUROPE IN ANTITRUST INQUIRY

    Digital Equipment offices in Britain, Germany and the Netherlands were
    yesterday raided by European Commission officials following complaints
    that the company's behaviour in the area of software maintenance is
    anti-competitive. Eric Herkins of Digital's legal department noted that
    the company was cooperating fully with the Commission. The EU is
    examining whether, as other companies have claimed, Digital has been
    abusing its market position and had been charging very much higher
    prices in Europe for certain services than it did in the US. There is
    speculation that the investigation could also take in practices
    associated with Digital's VMS operating system. 

    Wall Street Journal, Europe. 22nd November 1995



                         Digital Internal Communication                         
T.RTitleUserPersonal
Name
DateLines
4286.1WSJ similarASABET::SILVERBERGMy Other O/S is UNIXWed Nov 22 1995 07:579
    The Wall Street Journalarticle  headline this am was similar:
    "Digital Equipment Offices in Europe Are Raided Amid Probe of
    Practices"
    
    mentions European companies complained that Digital is tying hardware
    and sw mainteence contracts together, dicriminatory discounting, etc.
    
    Mark
    
4286.2KAOT01::M_MORINDonne moi des peanut, ma vas t'chanter Alouette en fausse note.Wed Nov 22 1995 08:554
4286.3COVERT::COVERTJohn R. CovertWed Nov 22 1995 09:127
So what's the complaint about VMS?

Only runs on our platforms, maybe?

Can we get a Euro gummint subsidy to port it to 486?  :-/

/john
4286.4BHAJEE::JAERVINENOra, the Old Rural AmateurWed Nov 22 1995 09:489
    re .3:
    
    �Can we get a Euro gummint subsidy to port it to 486?  :-/
    
    Don't say it loud.. I'm paying enough taxes as is...   ;-)
    
    As far as I know, it's a question of illegal bundling of services
    (something like not willing to sell SW support, if the customer wants
    top buy his HW support elsewhere).
4286.5I am sure we are rying to do the right thingULYSSE::ROEMERWed Nov 22 1995 10:0611
    I think it is safe to say that MCS has been working very hard these
    last years to ready a service portfolio that would address this
    problem. It turns out that one of the problems is simply quoting
    our existing Customers: We could tie up all our quoting capability
    for many years, not generating a single dollar worth of new business.
    
    People may have gotten a bit impatient trying to take business away
    from Digital. 
    
    Al
    
4286.6Yes, it happened hereTROOA::MCRAMDEC: ReClaim TheName!Wed Nov 22 1995 10:4414
4286.7COVERT::COVERTJohn R. CovertWed Nov 22 1995 10:518
Are you really saying that it's illegal to have the following pricing scheme:

	Hardware maintenance $100
	Software maintenance $100

	Combined package     $175

???/john
4286.8ACISS1::BATTISA few cards short of a full deckWed Nov 22 1995 11:047
    
    .6
    
    would this be in the arena of, let's say HSC's and Printserver's
    perhaps??
    
    Mark
4286.9Yep, you got the point!MRKTNG::VICKERSWed Nov 22 1995 12:2610
      re: .7  - Yes, that's exactly what he is saying.  
        
        We tried to pursue a position that stated that providing service
    	was indeed less expensive for a vendor who had both the hardware 
    	and software maintenance contracts (therefore less expensive to 
    	the customer), but the Canadian gummnt says this is 
    	"anti-competitive".
        
     End of note 
    
4286.10Headline - Meal Deal Anti-Trust Violation!KAOM25::WALLDEC Is DigitalWed Nov 22 1995 12:386
    
    So I guess they are going after McDonalds for offering to sell me a Big
    Mac with fries and a drink for less than the seperate purchase price?
    
    Rob Wall
    
4286.11Some really stupid EC bureaucrats out there...LACV01::CORSONHigher, and a bit more to the rightWed Nov 22 1995 13:067
    
    	Just another concrete example of government meddling gone to far
    without common sense, reasonableness, etc.
    
    	Now we are the Hooters of European computing :-)
    
    		the Greyhawk
4286.12Will that be a regular or a large eraser Sir?BBRDGE::LOVELL� l'eau; c'est l'heureWed Nov 22 1995 13:0715
    I don't know the Digital MCS business details in this case but it is 
    true that the treaty of Rome (foundation of EU commercial law) prohibits
    "non-competitive bundling" pratices.
    
    There is more to it than straight pricing.  It relates to having a
    recognised market dominance.  For example a pencil manufacturer cannot
    abuse his dominant position versus eraser manufacturers by bundling in
    the eraser on the end of the pencil and then pricing the "bundle" at
    such attractive terms so as to drive established eraser manufacturers 
    out of business.  The point being that the eraser manufacturers are
    downstream (in the commercial sense) of the pencil manufacturer.
    
    At least that's how European lawyers explained it to me....
    
    /Chris.
4286.13TROOA::MCRAMDEC: ReClaim TheName!Wed Nov 22 1995 15:1119
4286.14MKOTS3::WTHOMASWed Nov 22 1995 15:548
    RE .13
    
    IMO, there shouldn't be a problem with this string.  Only thing
    presented, thus far, discusses the original article, opinions, and
    interpretations.  Nothing in here establishing corporate policy.
    
    Not that it's funny or pleasant to have legal/gov't entanglements, but 
    it's certainly "different" for us being alleged as TOO aggressive.
4286.15Topic write-lockedQUARK::LIONELFree advice is worth every centWed Nov 22 1995 16:016
    I have write-locked this topic at the request of Cary Armistead of the
    corporate law department.  Since this is an active legal action against
    the company, it is inappropriate to discuss it here, since there is the
    possibility of increased legal risk to Digital.
    
    					Steve