Despite record Q3 results announced last week, investors fled Qualcomm Incorporated stock. The company, while reporting earnings,
disclosed serious problems with licensees and others in China.
The San Diego-based firm should be able to negotiate its way out of current disputes in that country, but its long-term predicament there looks incapable of successful resolution. Moreover, Qualcomm should be concerned that its China troubles will spread to other developing countries, a development that could be beyond its control.
On Wednesday, the company reported that it is in a dispute with a Chinese licensee and expressed its belief that other manufacturers have been underreporting sales of licensed products. Moreover, Qualcomm suggested some companies are delaying executing licenses. The giant,
“a toll collector for almost every smartphone made,” is entitled to royalties for mobile devices, even for those not incorporating its chips.
Qualcomm expects the licensee matters, which affected the just-released Q3 results, to get worse in the current and succeeding periods. In an interview with Reuters, Derek Aberle, the company’s president,
said the impact could potentially last “a number of quarters until we can get these things resolved.” Qualcomm
estimates that this year it is not collecting licensing fees on 170 million to 260 million handsets in China.
Qualcomm’s main problem is that China’s National Development and Reform Commission has,
according to Chinese state media, determined that the company has a monopoly in China. Moreover, it is clear from such reporting that the Commission has come to the conclusion that the company
abused its position.
At the moment, it is not clear what Qualcomm did wrong. The
Securities Times, a state-run paper, says Qualcomm lowballed royalties for patents to injure competitors and maintain market share. Other reports suggest the company was using its dominant position to overcharge manufacturers. Aberle told Reuters the NDRC has been looking at the interaction between Qualcomm’s licensing and chipset businesses.
In any event, the NDRC is now pouring over Qualcomm’s China sales data, a sign it has made its determination and is now calculating the fine. The Commission can fine a violator up to 10% of its revenue for the previous year. In Qualcomm’s previous year—ended September 29, 2013—the company took in $12.3 billion in China. Qualcomm’s penalty, therefore, looks like it could be as much as $1.2 billion.
What will Qualcomm do? It now looks like the company will admit guilt and pay cash. “We just believe whatever the resolution may be, will likely include some form of payment,” said Aberle.
Qualcomm, it appears, is trying to get the anti-monopoly matter behind it quickly. The apparent strategy is that, once it comes to terms with the NDRC, it can begin collecting royalties. Chinese manufacturers have been stiffing the company on payments in part because there has been no resolution of its well-known legal difficulties. In November, Qualcomm
announced the NDRC investigation into its conduct.
The investigation, however, is not really about conduct. Qualcomm is in quicksand because it is foreign and—worse—American. Beijing has been targeting American companies that possess valuable technology and other forms of intellectual property. Its attack on Google was especially determined and successful. Its campaign against Apple has continued for more than a year, with its most recent jab
occurring this month. Moreover, Beijing is going after Microsoft, Cisco, IBM, even
consulting firms. Along with Qualcomm, Beijing is also investigating InterDigital, another American wireless company.
Qualcomm is especially vulnerable. In the last nine months, royalties produced only 29% of its revenue but 77% of profit. China accounts for almost half of the company’s total revenue. The NDRC ruling, in all probability, will require Qualcomm to reduce its licensing fees, what makes it so attractive to the markets.
As Forbes contributor Panos Mourdoukoutas notes, Beijing is about to “permanently change the rules of the game for the company” by “regulating the tolls Qualcomm collects in the fastest growing market in the world for its products.” It is almost certainly no coincidence that the NDRC is investigating the company just as China is rolling out its 4G network and trying to keep costs down.
What’s worse than regulation? Qualcomm has to be concerned that the NDRC’s decision will be framed in such a way as to undermine Chinese laws protecting intellectual property. Qualcomm is valuable because of its patents on mobile communication. If China’s legal framework does not protect those rights, its “whole model starts to fall apart,” as Bloomberg’s Cory Johnson
pointed out on Friday. That would be, he said “the worst nightmare for Qualcomm.”
And what happens in China might not stay in China. What Beijing does, unfortunately, could serve as the basis for enforcement actions elsewhere. As Johnson said, “The very basis of intellectual property isn’t going to hold up if China doesn’t want it to.”
Jim Cramer, who is bullish on Qualcomm, last week
wrote that the company’s “situation is resolvable.” There will be some resolution, but as other foreign companies have found out, Beijing keeps attacking until it gets what it wants. Beijing wants Chinese companies to use Chinese products. That’s the unmistakable message of its half-decade campaign to indigenize technology.
Qualcomm’s real crime in Beijing is not being Chinese. And in China, it’s now open season on foreigners.
Qualcomm In Quicksand, Its China Problem Not Fixable - Forbes