• On September 16, 2010, Richard Feinstein, the Director of the FTC Bureau of Competition, testified before the House Subcommittee on Courts and Competition Policy. In his testimony, Mr. Feinstein stated that current antitrust laws “are flexible enough to meet the challenges of the high-tech era.” As an example, he pointed to the investigation of Google’s acquisition of mobile advertising firm AdMob. The Commission initially had concerns that the loss of head-to-head competition between the two leading mobile advertising networks would harm the market, but ultimately decided not to oppose the transaction following Apple’s introduction of its own mobile advertising network, iAd. An FTC press release on the testimony can be found here. A copy of the testimony can be found here.
  • On September 9, 2010, Apple announced changes to its iStore policy that will allow programmers to use third-party tools to write applications for the iPhone and iPad. This action will likely obviate any FTC investigation of iStore. Although the FTC does not publicly confirm investigations, numerous sources reported earlier this year that the FTC was considering whether Apple’s ban on third-party programming tools is anticompetitive conduct designed to protect Apple’s dominance in the applications market. Apple’s statement on its App Store Development Guidelines is available here.