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Phone networks moan to EU about brutal iPhone contracts

Apple has been accused of strongarm tactics by unnamed phone networks who have reported the iPhone maker to the European Union's regulators, according to a report in the New York Times.

The terms of Apple's contracts with networks are so stringent, the report says, that a group of the aggrieved phone floggers have banded together in protest. They've begun talks with the European Commission's anti-monopoly regulators, which may result in the EC launching a formal investigation of Apple.

The core of the beef, to mix food metaphors, is that networks have to commit to selling a huge number of iPhones if they want to sell it at all. If they don't sell enough, they have to pay for the ones left over. This means they have to spend much of their advertising budget on Apple's blower, to the exclusion of others.

The smaller the company, and therefore the smaller the number of handsets, the more stringent the terms. Is this unfair, or even illegal? That's what the networks have asked the EC to find out -- and I should stress no anti-monopoly case has yet been opened, but the EC told the NYT it was "monitoring the situation".

Apple told the paper, "Our contracts fully comply with local laws wherever we do business, including the EU."

On the face of it, it seems to be Apple using the iPhone's massive popularity to its best advantage. The networks need it, because it gets people through the doors of their shops, even if those potential customers subsequently decide it's too expensive and they want a cheaper alternative. But not many people are going into phone shops and saying, "I'd like to take a look at your most reasonably priced Android phone, my good man."

Three, Vodafone, O2 and EE -- the UK's major networks -- all declined to comment on the story. There's no indication that any UK network has anything to do with the complaint to the EC, which is said to focus on French companies.

Apple settled an EC anti-monopoly suit in December, in which it and four major book publishers were accused of fixing the price of ebooks.

Have you found phone shops prioritise the iPhone in the UK, with sales staff suggesting it above other smart phones? If you work in a phone shop, is there pressure to push Apple's blower? Leave a comment below, or on our Facebook wall.

Update: Added everyone's "no comment" throughout the day.

Comments 19

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anonymous's avatar

anonymous 22 March, 2013 12:30

Funnily enough, my housemate upgraded his phone yesterday with Vodafone, was told repeatedly that the iPhone 5 is the best smartphone on the market by the salesperson, my housemate however still ended up leaving with an Xpera Z as his upgrade.

I bought my Nexus 4 from Google Play and have a GiffGaff sim, so no network upgrade pressure for me :)

anonymous's avatar

anonymous 22 March, 2013 12:53

I'm one of the few iPhone masters. Basically we work with apple in network stores and push iPhones to every customer. we're on targets and get pressured to hit these targets every month.

anonymous's avatar

anonymous 22 March, 2013 12:54

Most phone shops i have been to in the past few months rate the s3 over the iphone

anonymous's avatar

anonymous 22 March, 2013 13:00

Is anyone surprised that Apple are doing this (or any big phone company for that for that matter). Don't some networks slow some non iPhone data contracts down in favour of iPhone because Apple wants them too?

anonymous's avatar

anonymous 22 March, 2013 13:11

Would be good to see Apple get slapped on the wrists for this. I never like seeing companies trying to control markets, chimes of the control Apple exerted over the markets by getting competitors handsets banned on dubious patent violations.

Loadit's avatar

Loadit 22 March, 2013 13:13

Easy if the networks don't want to sell iPhones nobody is forcing them. If they feel so bad about it just stop selling them then Apple would have to change their contracts.

billfred's avatar

billfred 22 March, 2013 13:44

What @Loadit said. If you don't like it that much Mr Network, then don't do it.

anonymous's avatar

anonymous 22 March, 2013 13:45

Good point about the iPhone bringing in customers, never really thought about that. But I believe Samsung it's doing something similar, but their phones are a lot cheaper for networks to buy (I think). The issue is Apple abusing the popularity of its iPhone to force networks to prioritise its product.

billfred's avatar

billfred 22 March, 2013 13:49

I know it's a lucrative deal and they can't really afford to not sell the iPhone. But if you keep bend over the showers you can then complain when someone sticks their ..... you get the picture.

Damien2501's avatar

Damien2501 22 March, 2013 14:12

I don't know which I hate more: Apple - ripping off millions of people with the same product over and over again or the networks & certain retailers - ripping off millions of people with contracts that they don't need, ridiculous charges and mid contract price rises.

shauney3's avatar

shauney3 22 March, 2013 14:27

No surprise Apple is doing this, and will get away with it. But I'm sure Samsung are doing something similar, and Microsoft with Nokia.

anonymous's avatar

anonymous 22 March, 2013 15:11

Oh those poor multi million pound networks, always looking out for the little guy with their super fair customer contracts and stellar customer service, have been hoodwinked by the evil forces of Apple into selling the iPhone against their will.... Hmmm

Estifanos T. Zewde's avatar

Estifanos T. Zewde 22 March, 2013 15:20

Anonymous @13:11 - Spot on!

anonymous's avatar

anonymous 22 March, 2013 15:52

MOAN ??? come on CNET standing up to bullies it hardly moaning, i think its brave of smaller company's to stand up to these big company's that through there weight about to push smaller guys around,

anonymous's avatar

anonymous 22 March, 2013 16:21

It isn't just iPhones. Third party retailers such as DSG have to sign contracts basically promising to sell so many Macs / iPads / iPods and pay for any shortfall. There is NO other electronics company in the world who could get away with that! Apple are just abusing their monopolistic position in the market and hopefully the EU will agree and put a stop to this disgusting organisations behaviour. The market would be much better off without Apple in it.

anonymous's avatar

anonymous 23 March, 2013 12:16

HTC One simples, its better than anything else out there, don't buy the six year old Apple OS or the plastic Galaxy buy a better phone and the HTC One with its Fill Metal Jacket is a game changer. My heart bleeds for all those poor network providers stuck with masses of apple stock, maybe they will start to sell them at below cost, take a loss and let Apple do their own distribution and sales.

nmirza89's avatar

nmirza89 23 March, 2013 14:47

Hi Guys!

I bought two iPhone 5 16gb SIM FREE from Carphonewarehouse back in september,

However they are both now locked to the current network sim provider.. which are (o2 and EE)
both o2 and EE have refused to unlock the phones. Also carphonewarehouse have refused to unlock the phone. Apple have refused it too.

I feel ripped off... I have spent over £500 for each of these phones and now nobody is willing to unlock the phone for me. As a SIM FREE phone i wanted to use other network providers but I cant now.
I could however unlock the phone from anyone else but that would void my one year warranty left with the Apple.

Is there anybody with a suggestion? or can cNET provide me with any help?


Thanks

anonymous's avatar

anonymous 23 March, 2013 17:43

nmirza89
That easy. Small claims court cost you £30 to file the paperwork. Breach of contract. You will win and get your costs back.

anonymous's avatar

anonymous 24 March, 2013 04:25

if IDIOTS didnt rush out to be so quick and part with cash in first buy the handsets (and that goes for any phone) none in particular, this would never have got a foot hold i guarentee you if enough people told the companies to take a long walk of a very short pier there would soon be a change in policy true culprits are the idiots who have paid and let this system breed

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