BARCELONA, SPAIN - FEBRUARY 27:  A logo sits illuminated outside the Verizon pavilion during the Mobile World Congress 2017 on the opening day of the event at the Fira Gran Via Complex on February 27, 2017 in Barcelona, Spain. The annual Mobile World Congress hosts some of the world's largest communications companies, with many unveiling their latest phones and wearables gadgets.  (Photo by David Ramos/Getty Images)

AT&T, Verizon Said to Face U.S. Probe Over Mobile Technology

AT&T Inc. and Verizon Communications Inc. are under investigation by U.S. antitrust officials over whether the companies colluded to make it tougher for consumers to switch wireless carriers. Apple Inc., a pioneer in the eSIM technology that makes switching easier, was joined by other equipment makers in complaining to the government about the carriers’ practices.

(Bloomberg) -- AT&T Inc. and Verizon Communications Inc. are under investigation by U.S. antitrust officials over whether the companies colluded to make it tougher for consumers to switch wireless carriers, according to two people familiar with the matter.

Apple Inc., a pioneer in the eSIM technology that makes switching easier, was joined by other equipment makers in complaining to the government about the carriers’ practices, two other people with knowledge of the matter said. The department issued demands to the companies and the GSMA, a mobile industry standards group, for information on possible collusion, said the people, who asked not to be named because the matter isn’t public. The New York Times reported on the antitrust inquiry earlier Friday.

Regulators have pressured the phone companies to make it easier for consumers to switch carriers. The big four -- Verizon, AT&T, T-Mobile US Inc. and Sprint Corp. -- agreed in 2013 to let consumers use smartphones on other networks after contracts expire. The following year President Barack Obama signed legislation giving consumers the freedom to switch between wireless carriers without having to purchase a new phone.

‘Difference of Opinion’

Verizon spokesman Rich Young said in an emailed statement that the matter is “a difference of opinion with a couple of phone equipment manufacturers regarding the development of e-SIM standards. Nothing more.” AT&T and GSMA declined to comment. A spokeswoman for the Justice Department didn’t respond to a request seeking comment.

Verizon and AT&T fell on the news. Verizon closed down 1.1 percent to $47.90 after losing as much as 2.5 percent. AT&T, which is fighting the Justice Department’s efforts to block its takeover of Time Warner Inc., dropped 1.9 percent but recovered to close at $34.67, down 0.4 percent.

While the Justice Department is investigating AT&T and Verizon, it sent letters to the four major carriers when it opened the probe in February, two people with knowledge of the matter said.

The technology in eSIM -- short for electronic SIM -- allows users to switch between carriers via a settings menu directly from their phone or tablet. This makes it easy for consumers to swap between wireless carriers without physically popping the SIM card chip out or contacting their wireless carrier.

Apple Technology

Apple rolled out the technology with some of its latest iPad models in 2016, but has thus far not introduced it in smartphones. While the iPad does have the technology, not all carriers use it. On its website, Apple says, “if you buy one of these models at a carrier, the embedded Apple SIM might be locked to that carrier or disabled.”

T-Mobile and Sprint allow iPad users to switch between carriers via a menu on the iPad, while AT&T users can use the eSIM but not to switch to another carrier. Verizon doesn’t support it at all. Alphabet Inc.’s Google added the feature to its latest Pixel phones last year, while other phone makers internationally are known to be working on devices with the eSIM functionality.

The issue appears to center on the ability of the incumbent telephone provider to influence whether a phone being switched to a new provider will be recognized by the new network, said Harold Feld, senior vice president at the policy group, Public Knowledge.

GSMA “is a very closed standards organization,” Feld said.

The reports about the investigation come as AT&T completed the fifth week of an antitrust trial brought by the U.S. The Justice Department’s antitrust division sued to block AT&T’s $85 billion acquisition of Time Warner because it would give the combined companies too much negotiation leverage and increase TV prices for consumers.

Observers of the trial say AT&T appears to have an advantage after exposing weaknesses in the government’s pricing power claims.

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