Smart European protectionism: investigating whether Apple and Microsoft secretly colluded against Nokia

24.5.2017

Question for written answer E-003513-17
to the Commission
Rule 130
Dominique Martin (ENF) , Mylène Troszczynski (ENF)

On 22 October 2009, Nokia took Apple to court, arguing that it had infringed ten essential Nokia patents.

On 21 September 2010, Nokia appointed a new CEO: Stephen Elop, a director of Microsoft. Nokia was then world leader in mobile telephony, holding a 41% share of the world market. On 14 June 2011 Nokia and Apple reached an agreement whereby Nokia would license the patents to Apple for a considerable annual fee.

In 2012, Nokia still held a market share of 18%, while Apple had 6%. In September 2013, Microsoft bought Nokia’s telephony division for EUR 5.44 billion and begun to wind it down. In June 2017, the last employee of Europe’s only flagship brand in the telephony/technology sector will have been made redundant. It would appear that Microsoft never truly wished to become a major global player in the telephony sector. Its main objective may thus have been to shut down Nokia following an agreement with Apple.

Does the Commission intend to look into whether Apple and Microsoft secretly colluded, in violation of free competition, to limit production at Nokia? Such an agreement would be in breach of Articles 101 and 102 of the Treaty on the Functioning of the European Union