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TRADE WARS
Judge rejects Silicon Valley anti-poaching settlement
by Staff Writers
San Francisco (AFP) Aug 08, 2014


Apple never on China government procurement list: report
Beijing (AFP) Aug 08, 2014 - Apple's devices have never appeared on a Chinese list of products eligible to be bought with public money, state media quoted an official as saying, denying reports the US tech giant had been excluded from the latest line-up.

Reports said that China removed 10 Apple devices, including MacBook laptops and the iPad, from a government procurement list over security concerns.

But the China Government Procurement News, which is run by the finance ministry, cited an unnamed ministry official as saying that Apple's goods had never appeared in the "energy-saving product list", which is updated roughly every six months.

Computers, including laptops and tablets, have to be classed as "energy-saving" to be purchased by the government, according to a statement accompanying the latest list, posted on the finance ministry's website.

The report late Thursday cited the official saying 10 Apple products had initially been on a draft list soliciting public opinions, but the company did not hand in relevant paperwork in time.

It had therefore "never been included in the government procurement list of energy-saving products", the official was quoted as saying.

Apple products are popular in China and long queues of buyers have often besieged the company's outlets when a new gadget is launched.

But the California-based firm has also frequently become a target of criticism tinged with nationalist sentiment.

Chinese state broadcaster CCTV last month accused Apple of threatening national security through the iPhone's ability to track and time-stamp a user's location, following a campaign in March 2013 orchestrated by domestic media on behalf of consumers critical of poor after-sales service.

In 2012 the US company paid $60 million to settle a dispute with a Chinese firm over the iPad trademark.

A federal judge Friday rejected a plan to compensate employees affected by an "anti-poaching" agreement involving Silicon Valley tech giants Apple, Google, Intel and Adobe.

Judge Lucy Koh said in a ruling that the $324 million class-action settlement was too low, compared with a deal with other companies sealed a year ago.

"The court finds the total settlement amount falls below the range of reasonableness," the judge said in her ruling.

"The court is concerned that class members recover less on a proportional basis from the instant settlement with (the four companies) than from the settlement with the settled defendants a year ago, despite the fact that the case has progressed consistently in the class's favor since then."

The long-running case alleged that major tech companies in Silicon Valley had secret agreements not to hire each other's employees, in a move to keep salaries under control.

The lawsuit alleged that the late Apple chief Steve Jobs, Google chairman Eric Schmidt and other tech executives were part of the conspiracy.

Other companies in the lawsuit which reached earlier settlements included eBay, Lucasfilm, Pixar and Intuit.

Koh said the latest settlement would end up giving each plaintiff an average of $3,750 -- after deducting attorney's costs and other expenses -- with the money divided up among the 64,000 class members.

She said the plaintiffs had been seeking $3 billion in total damages, and that the amount could be tripled under antitrust law under certain conditions.

Had the case gone to trial, the judge said, there would have been "compelling" evidence against the companies, including statements and admission from key executives about the collusion.

"This is particularly true for Google and Apple, the executives of which extensively discussed and enforced the anti-solicitation agreements," she wrote.

rl/nss

APPLE INC.

INTEL

ADOBE SYSTEMS

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