To: Tenchusatsu who wrote (255124 ) 8/3/2008 9:50:32 AM From: Dan3 Respond to of 275872 Re: At issue are exclusivity deals, which others have confirmed is OK for a non-monopoly for not OK for a "monopoly" like Intel. Not quite the case. What's key is the 3rd party aspect. So if Apple makes a to sell iPhones to AT&T exclusively, it's OK. If Apple makes a deal to sell iPhones exclusively to AT&T it doesn't restrict Nokia's access to the cell phone market and (the key) it doesn't restrict consumer access to Nokia cell phones. While market share doesn't drive the issue, it is material. Apple has something less than 5% of the cell phone market - whatever they do is not going to affect consumer choice very much, either way. If Apple offers a discount to AT&T for selling 10% more phones next year, it doesn't block either other cell phone companies from selling, or consumers from buying, Nokia phones. But postulate a case where Nokia has 90% of the cell phone market. If Nokia offers AT&T (and all the other cell phone vendors) a marketing incentive program equal to 40% of the price of the phone for increasing sales by 15% (or whatever total sales growth in the industry is) over the previous year, then there is no room at AT&T (or anywhere else) for the iPhone. It likely wouldn't be a pure 40% price cut, it would be a combination of price cut, advertising co-op dollars, and "free" tied in parts like batteries, ear pieces, discount terms, etc. If AT&T offers the iPhone, (which will amount to only a few percent of sales, the first year) their overall costs will go up by 40%, while their competitor's costs will not. AT&T would be screwed if they offered the iPhone, so Apple is effectively blocked from the cell phone market by Nokia's "quantity discount." The key is the 3rd party impact and denial of customer choice. At a few percent of the market, Apple's deal actually adds choice. But at 90% of the market, Nokia's deal blocks access to markets and denies consumers choice.