NEWS & ANALYSIS

EU Commission initiates formal investigations against IBM in two cases of suspected abuse of dominant market position

by Directorate General for Competition of the European Commission

(26 July, 2010)

The European Commission has decided to initiate formal antitrust investigations against IBM Corporation in two separate cases of alleged infringements of EU antitrust rules related to the abuse of a dominant market position (Article 102 TFEU). Both cases are related to IBM's conduct on the market for mainframe computers. The first case follows complaints by emulator software vendors T3 and Turbo Hercules, and focuses on IBM's alleged tying of mainframe hardware to its mainframe operating system. The second is an investigation begun on the Commission's own initiative of IBM's alleged discriminatory behaviour towards competing suppliers of mainframe maintenance services.

Click to read the announcement...

Click to read related news...

BowlerRoger Bowler Responds to IBM Patent Attack on Open Source

by Roger Bowler Creator of Hercules and Co-founder of TurboHercules

(Posted in News & Blogs section of turbohercules.com on 6 April, 2010)

As many of you know, the company I founded to promote the Hercules open source mainframe emulator, TurboHercules SAS, has filed an antitrust complaint against IBM with the European Commission in Brussels. We are not asking that IBM be subjected to punishing fines or anything like that. We simply want IBM to agree to allow legitimate paying customers of its z/OS mainframe operating system to deploy that software on the hardware platforms of their choice – including, should they so choose, on low-cost servers using Intel or AMD microprocessors and Hercules.

I want to make clear that we undertook this action reluctantly, and only after a long period of reflection during which we reached out to IBM to see if there was some way to resolve our differences amicably. I regret to report that IBM rebuffed our efforts at conciliation, and even added fuel to the fire by launching accusations against Hercules. I would like to take this opportunity to respond to some of those charges.

Click to read more...

The Issues of Competition in Mainframe and Associated Services in India

by Indian Council for Research on International Economic Relations and Indicus Analytics

Very little is known about the extent and nature of competition in the mainframe and associated services market in India. This is the first study to analyze competition and related issues in the Indian server market, with an extensive focus on mainframe computing.

Download the report PDF (4MB)

Steven FriedmanThe T3 Technologies story

by Steven Friedman, T3 Technologies

For over 15 years, my company was a successful IBM Business Partner. I used to have a thriving company with over 50 employees, nearly 1,000 customers in 28 countries (including 200 customers in 15 European Community states) and a profitable revenue stream earned through selling mainframe solutions to IBM customers. However, now our company is effectively out of business due to the direct actions of the company I used to be closely aligned with: IBM.

Click to read more...

RESEARCH & RESOURCES

For a list of Research & Resources, click here.

Thursday
Apr292010

IBM and the mainframe market

(VOX) by Federico Etro, University of Milan, Bicocca

Is another IT giant abusing its market position? This column describes the case of IBM – a near-monopolist in the mainframe market – being accused of preventing firm entry by tying its mainframe operating system with its hardware and withholding information for interoperability. The similarities with the Microsoft case suggest that the European Commission’s Director-General for Competition will not go easy.


After the end of the Microsoft saga, another important antitrust case may soon emerge in the “New Economy”, this time around a well known but largely undisturbed monopolistic position, that of IBM in the mainframe market. (For an evaluation of the Microsoft case, see Komninos and Czapracka 2010.)

Even if the mainframe represents a relatively small percentage of server shipments, a rigid demand for mainframes by corporate and government customers worldwide and technological peculiarities on the supply side make the mainframe market a largely separate and self-contained market, which provides products that are not substitutable with standard Linux, UNIX or Windows servers. For half a century – and not without large merits – IBM has been the leader of this market. But in recent years, by refusing to license its software for use on other mainframe computers and refusing to provide information and licenses to ensure interoperability with its architecture, IBM’s mainframe computers and operating systems have reached a position of near-monopoly, owning almost the entire installed base for IBM-compatible mainframes and losing any substantial entry pressure. It is calculated that around 90% of mainframe applications use native IBM mainframe operating systems and run on IBM hardware.

Click to read more...

Monday
Feb012010

The Arcati Mainframe Yearbook 2010

(www.arcati.com) Published by Mark Lillycrop

The independent annual guide for users of IBM mainframe systems.

Click to read more...

 

Thursday
Dec032009

Why Choice Matters for Mainframe Customers

OpenMainframe.org Position Paper

The recent news that the US Department of Justice is investigating the IBM mainframe market has resulted in numerous stories and blog posts both for and against the investigation. However, many of the arguments have not addressed the most important question: what do mainframe customers want?

This paper addresses the key issues that impact the users of mainframe technology and why the resolution of these issues is critically important to mainframe customers.

Download the position paper  PDF (147K)

Friday
Nov272009

Refusals To License And Installed-Base Opportunism In The Mainframe Computer Industry: The Investigation Of IBM

(The American Antitrust Institute) Professor Andrew Chin

In Refusals to License and Installed-Base Opportunism in the Mainframe Computer Industry: The Investigation of IBM, Prof. Chin, an AAI Advisory Board member and Associate Professor at the University of North Carolina Law School, explores the history of DOJ's efforts to deal with the mainframe industry and IBM, including T3's antitrust complaint and DOJ's recently announced investigation.

Click here to read Professor Chin's paper

Click here to read IBM's response

Click here to read Professor Chin's response to IBM

Tuesday
Sep012009

NEON zPrime Business and Legal Answer Book

 

NEON Enterprise Software zPrime Business and Legal Answer Book Flash demonstration

Click here to view the demo