Is Apple's new album download service anti-competitive?


Apple Inc. (NASDAQ: AAPL) is launching a new iTunes service. If a consumer owns a song downloaded to an iPod for the $.99 fee, that user can get the whole album for $9.99. Any songs on the album count as a $.99 credit toward the total price if they were purchased in the preceding 180 days.

The new service is called "Complete My Album." The only little catch is that any $.99 song being used for a credit must have been purchased from iTunes.

Apple is already in hot water in France for not allowing its iPod to play music from other devices. The Financial Times puts the French objection this way: "The competition policy bureaucrats squeeze Apple's achievement into this box: they sell a product that is so popular it is dominant; this market power is then exploited by excluding rivals from using its software (iTunes) . . ."

The album deal creates a similar problem. The record company and artist do a deal with Apple. But the sale of an entire album may be blocked because the first song downloaded from it went through a service other than iTunes. In addition, the only way a consumer gets the good deal is if they use iTunes from end to end.

Reuters reports that the problems in France have now spread to other countries in Europe: "European Union consumer chief Meglena Kuneva has hit out at Apple Inc.'s bundling of its popular iPod music players and its iTunes online music store."

The new "Complete My Album" program may make a tempting target for the antitrust wrecking crews.

Douglas A. McIntyre is a partner at 24/7 Wall St.

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