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Antitrust officials probing sale of patents to Google's rivals

It's not often that search giant Google looks like the little guy.  But in a move unprecedented in the tech world, six of Google's rivals — including Apple, Microsoft and Research in Motion — combined forces recently …

Washington Post Jia Lynn Yang

Context & Ripple Effects

Google arrives at this moment from strength: three years after launch, its [[a:|Android]] relationship has made it the world's most popular mobile operating system, silencing the 'one-trick pony' critics who once dismissed the company. But dominance has drawn fire from every direction — analysts openly describe what Google and Android now face as a mobile protection racket.

The trigger is unprecedented behavior by the other side: six rivals including Apple, Microsoft and Research in Motion pooled their bids to jointly buy up a patent portfolio rather than let any single player — above all Google — take it alone. Antitrust officials opening a probe means Washington is now examining whether that collective purchase was legitimate portfolio-building or coordinated exclusion.

First-order effects

  • Apple, Microsoft and Research in Motion's joint patent purchase now sits under formal antitrust review, putting their newest competitive weapon — shared ownership of key mobile patents — at risk before they have fully deployed it.
  • Google gains an unexpected regulatory channel: the probe examines whether the rivals' collective bidding was structured to exclude Google from the auction rather than to pay fair market value.

Second-order effects

  • Android device makers watch licensing economics closely — if the consortium's patents are enforced aggressively while the probe drags on, handset partners bear the cost through higher per-device royalties, deepening the 'protection racket' dynamic analysts describe.
  • Any rival considering a follow-on collective acquisition must now price in antitrust risk, which chills the pooling tactic exactly as the mobile patent war accelerates.

Third-order effects

  • If regulators establish that coordinated patent purchases can constitute exclusionary conduct, patent portfolios become a formally scrutinized arena of platform competition — with enforcement shaping who can assemble defensive or offensive IP pools at all.
  • Mobile competition consolidates around legal leverage on both sides — rivals wielding shared patents, Google wielding antitrust complaints — shifting the decisive battles from product launches to agencies and courtrooms.

The trend: Smartphone competition is migrating from product markets to patent portfolios, pulling antitrust enforcers directly into how mobile platforms acquire and deploy intellectual property.