Google Gets U.S., EU Nod to Buy Motorola Mobility

February 14, 2012 9:50 AM EST

(Reuters) - U.S. and European regulators approved Google Inc's $12.5 billion purchase of Motorola Mobility Holdings Inc and said they would keep a sharp eye on the web search giant to ensure patents critical to the telecommunications industry would be licensed at fair prices.

It was one of a series of approvals on Monday that underscored the scramble by technology companies to acquire big pools of patents.

The U.S. Justice Department also approved an Apple Inc-led consortium's purchase of a trove of patents from bankrupt Canadian company Nortel Networks Corp and signed off on Apple's purchase of patents formerly owned by Novell Inc.

Google, whose Android software is the top operating system for Internet-enabled smart phones, said in August it would buy phone-maker Motorola for its 17,000 patents and 7,500 patent applications, as it looks to compete with rivals such as Apple and defend itself and Android phone manufacturers in patent litigation.

The acquisition, the largest in Google's history, will also mark the Internet search company's most significant foray into the hardware business - a market in which it has little experience. Some investors have worried that Google's profit margins may suffer as it becomes a hardware maker, although Google has said it intends to run Motorola as a separate business unit.

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Regulators in China, Taiwan and Israel have still not signed off on the Google purchase of Motorola.

Google shares finished Monday's regular trading session up 1 percent at $612.20.

Antitrust enforcers on both sides of the Atlantic want to prevent companies from gouging rivals when they license patents essential to ensuring different communications devices work together.

"This merger decision should not and will not mean that we are not concerned by the possibility that, once Google is the owner of this portfolio, Google can abuse these patents, linking some patents with its Android devices. This is our worry," EU Competition Commissioner Joaquin Almunia told reporters in Brussels.

The U.S. Justice Department said it was reassured by Apple's and Microsoft's public statements that they would not seek injunctions in filing infringement lawsuits based on the Nortel patents.

"Google's commitments have been less clear," the Justice Department added in a statement. "The division determined that the acquisition of the patents by Google did not substantially lessen competition, but how Google may exercise its patents in the future remains a significant concern."

Almunia said the EU might be obliged to open some cases in the future.

"This is not enough to block the merger, but we will be vigilant," he said.

Regulators in China have until March 20 to decide whether to approve the deal or start a third phase of review, according to a source close to the situation.

Copyright 2012 Thomson Reuters. All rights reserved.
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