The Google logo is seen as Google Executive Chairman Eric Schmidt speaks at a promotional event for the Nexus 7 tablet in Seoul September 27, 2012.

WASHINGTON | Fri Oct 12, 2012 6:32pm EDT

WASHINGTON (Reuters) - The majority of top decision-makers at the Federal Trade Commission believe that an antitrust case should be brought against Google Inc, meaning the search giant could soon be headed into tough negotiations, three people familiar with the matter said.

Four of the FTC commissioners have become convinced after more than a year of investigation that Google illegally used its dominance of the search market to hurt its rivals, while one commissioner is skeptical, the sources said.

All three declined to be named to protect working relationships.

Two of the sources said a decision on how to proceed could come in late November or early December.

A long list of companies has been complaining to the FTC, arguing that the agency should crack down on Google.

Companies rarely talk publicly about their dealings with the FTC, but consumer reviews website Yelp and comparison shopping website Nextag have both complained about Google during open hearings in Congress.

Google rivals specializing in travel, shopping and entertainment have accused Google, the world's No. 1 search engine, of unfairly giving their web sites low quality rankings in search results to steer Internet users away from their websites and toward Google products that provide similar services.

Computer users are overwhelmingly more likely to click on the top results in any search. The low ranking often forces companies to buy more ads on Google to improve their visibility, one source said.

Google has repeatedly denied any wrongdoing.

Asked about any discussions with the FTC, Google spokeswoman Niki Fenwick said: "We are happy to answer any questions that regulators have about our business." The FTC declined to comment.

During a congressional hearing in September 2011, Google Executive Chairman Eric Schmidt denied that the company manipulated its search results. "May I simply say that I can assure you we've not cooked anything," he told the Senate Judiciary Committee's antitrust panel.

COMPLAINTS PILE UP

The one source said the FTC commissioners have given weight to other complaints that Google refuses to share data that would allow advertisers and developers to create software to compare the value they get on Google to advertising spending on Microsoft's Bing or Yahoo.

In a related issue, the FTC is looking at Google's handling of valuable patents, which are determined to be essential to smartphones. The agency is trying to determine if they are licensed fairly and whether patent infringement lawsuits are used to hamper innovation.

FTC Chairman Jon Leibowitz said in mid-September that he expected a decision in the case by the end of the year. European regulators are conducting a similar antitrust probe.

If the agency finds that Google broke the law, the FTC and Google could hammer out a settlement that resolves the issues or, if settlement negotiations fail, the matter could end up in a lengthy, expensive court fight.

The FTC announced in April that it had hired high-powered Washington lawyer Beth Wilkinson to lead the probe. The hiring was seen as a sign that the FTC was contemplating filing a lawsuit against Google.

This is not the first run-in that Google has had with the agency.

In August, Google was forced to pay $22.5 million to settle charges it bypassed the privacy settings of customers using Apple Inc's Safari browser. The practice was in violation of a 2011 consent decree with the FTC over a botched rollout of the now defunct social network Buzz.

(Reporting By Diane Bartz; Editing by Karey Wutkowski and Tim Dobbyn)

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1 of 4. Trader Fred Demarco works on the floor of the New York Stock Exchange, October 12, 2012.

NEW YORK | Fri Oct 12, 2012 8:12pm EDT

NEW YORK (Reuters) - Stocks wrapped up their worst week in four months, led lower on Friday by financial shares as results from Wells Fargo and JPMorgan ignited concerns about shrinking profit margins for big lenders.

Shares of Wells Fargo (WFC.N) fell 2.6 percent to $34.25 and JPMorgan Chase & Co (JPM.N) lost 1.1 percent to $41.62 as concerns grew over their lower net interest margin - the difference between what a bank pays on deposits and what it makes on loans - which could narrow further as the Federal Reserve keeps interest rates near zero.

The lackluster market reaction came even though both Wells Fargo and JPMorgan, the two largest U.S. financial stocks by market value, reported record profits.

"Bank shares as a group have had a nice move (up) this year so far," said Ken Polcari, managing director at ICAP Equities in New York. "Guidance is cautious so people are taking money off the table."

The results sparked a selloff in other bank shares. An S&P financial index .GSPF, down 1.4 percent, represented the worst performer of the S&P 500's top 10 sectors. The KBW Bank index .BKX lost 2.5 percent.

Polcari said the low volume that came with this week's decline indicated this was not a sign of panic. Since hitting a near five-year intraday high of 1,474.51 on September 14, the benchmark S&P 500 Index has fallen 3.1 percent.

"If we keep getting negative reports, selling will pick up," he said.

Expectations are low for S&P 500 companies' results. Quarterly earnings are forecast to fall 3 percent from a year ago, compared with a 2.1 percent drop estimated at the start of the month, according to Thomson Reuters data.

The Dow Jones industrial average .DJI edged up 2.46 points, or 0.02 percent, to 13,328.85 at the close. But the S&P 500 .SPX fell 4.25 points, or 0.30 percent, to finish at 1,428.59. The Nasdaq Composite .IXIC dipped 5.30 points, or 0.17 percent, to 3,044.11.

The S&P 500 closed right above its 50-day moving average, barely enough to avoid going into the weekend with a technical red flag hanging over the market.

Despite several encouraging data points this week, the benchmark S&P 500 fell 2.2 percent - its worst weekly performance since the week ended June 1.

Shares of Workday Inc (WDAY.N), a cloud computing company that has yet to turn a profit, soared nearly 74 percent to $48.69 in their market debut, driving some tech analysts to question the lofty valuation.

Advanced Micro Devices Inc (AMD.N) fell 14.4 percent to $2.74 a day after the chipmaker said its third-quarter revenue probably fell 10 percent from the previous quarter as a weak global economy and a growing preference for tablets slams the PC industry.

About 5.5 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below the daily average so far this year of about 6.52 billion shares.

On the NYSE, about seven issues fell for every four that rose. On the Nasdaq, almost two issues fell for every one that advanced.

Earlier in the session, the market was supported by Thomson Reuters-University of Michigan data showing U.S. consumer sentiment unexpectedly rose to its highest in five years in October, in the latest in a string of encouraging signs about the economy.

(Reporting by Rodrigo Campos; Editing by Jan Paschal)

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An elderly man walks with his cane amid shoppers at the Glendale Galleria shopping mall on Black Friday in Glendale, California November 28, 2008.

CHICAGO | Thu Oct 11, 2012 9:18am EDT

CHICAGO (Reuters) - Last October seniors got some really good news about their Social Security cost-of-living adjustment. This October? Not so much.

This year seniors have benefited from the robust 3.6 percent 2012 Social Security cost-of-living adjustment (COLA). Adding to the good news, they learned Medicare premiums wouldn't take much of a nick out of their inflation raise.

Next year, the Social Security COLA for 2013 is expected to be 1.4 percent - and for many seniors, much of that will be eaten up by a higher Medicare Part B premium.

We won't get the final word on the 2013 Social Security COLA until October 16, after the Bureau of Labor Statistics (BLS) releases inflation numbers for September. But it's not looking good for retirees on a fixed income.

To reach the yearly COLA adjustment the Social Security Administration averages together third-quarter inflation as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). July and August reports are pointing toward a COLA of just 1.4 percent.

However, many seniors won't even get that much because of the interplay of the COLA and premiums for Medicare Part B, which covers outpatient services. These two go hand in hand since the premium is deducted from most seniors' benefits.

Last year the Part B premium rose by a modest $3.50 per month, which meant seniors kept most of that large 3.6 percent COLA. For example, a senior receiving the average monthly Social Security benefit ($1,177) received a net 3.3 percent increase.

Experts expect the Part B premium to rise from 5 percent to 10 percent in 2013; the Medicare trustees said earlier this year that a 9.2 percent increase was most likely. That translates to a $9.20 monthly increase over this year's $99.90 premium. That means some seniors will see no net increase at all, while many others will get far less than 1.4 percent.

"It certainly isn't going to be enough to face the higher heating bills and all the other higher expenses seniors will face next year," says Mary Johnson, a Social Security and Medicare policy analyst for the Senior Citizens League (SCL), a nonpartisan consumer advocacy group.

The likely paltry COLA will also add to the debate over what measure of inflation is most appropriate for determining Social Security's annual benefit adjustments.

WHO PAYS THE FREIGHT

Here's how it works. By law, most Medicare enrollees can't be charged a Part B premium that produces a net reduction in Social Security benefits. Assuming the Social Security and Medicare percentages come in as forecast, this "hold harmless" feature would protect seniors with Social Security benefits of $625 or lower, according to SCL.

Seniors with higher benefits would see a small inflation raise. A senior with a $1,000 monthly benefit would see a 0.48 percent net increase after the Part B adjustment; for a $1,500 monthly benefit, the net COLA would be 0.79 percent.

The hold-harmless provision doesn't protect three groups of beneficiaries: high-income seniors, new enrollees in Medicare this year (whose benefits can't decline from one year to the next), and low-income seniors who are eligible for Medicare and Medicaid. (This last group doesn't pay the premium out of pocket anyway; state Medicaid programs pick up the costs.)

High-income beneficiaries include individuals with annual income starting at $85,000 (single filers) or $170,000 (joint filers), and move up from there.

This group pays full freight on the Part B premium, plus an income-based surcharge. And the surcharges aren't limited to Part B: Extra premiums also are charged for prescription drug plans (Part D) and Medicare Advantage plans (Part C).

THE UNCOLA

This year's small COLA will figure in Washington's discussion of selecting the best inflation measure for determining Social Security's annual benefit adjustments.

Many advocates for seniors argue that the CPI-W understates the inflation that affects seniors - mainly their healthcare expenses. They've been pushing for adoption of a more realistic measure that better reflects seniors' costs - an experimental index maintained by the BLS called the CPI-E (for elderly).

Meanwhile, the key federal deficit reduction plans that have been advanced in Washington advocates moving in the opposite direction. These plans have recommended adopting a measure of inflation called the "chained CPI." That index would rise more slowly than the current measure (the CPI-W).

That debate is apt to continue for some time. Meanwhile, next year's COLA looks like an "October surprise" for seniors on Social Security.

(The writer is a Reuters columnist. The opinions expressed are his own.)

(Editing by Chelsea Emery and Prudence Crowther)

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A man looks at his iPad while sitting in a cafe in central Beijing June 6, 2012.

SAN FRANCISCO | Fri Oct 12, 2012 6:17pm EDT

SAN FRANCISCO (Reuters) - Apple Inc will host an event on October 23 where it is expected to unveil a smaller iPad that will take on the less expensive devices offered by Amazon.com Inc and Google Inc, a source familiar with the matter said on Friday.

Wall Street analysts have predicted for months that Apple was planning a smaller, less costly version of its popular iPad to take on cheaper competing devices, a move that analysts say might hurt its margins, but prevent its rivals from dominating an increasingly important computing segment.

The source did not specify what the product would be and an Apple spokesman declined to comment, but tech blog AllThingsD reported earlier on Friday that Apple would launch the mini iPad at the event. The device is expected by many experts to have a screen between 7 and 8 inches.

A smaller iPad will directly compete with e-commerce company Amazon's Kindle Fire HD tablet and Google's Nexus 7. Both devices have 7-inch screens and sell for $199. The first Kindle Fire, launched last year, grabbed about a fifth of the U.S. tablet market.

The consumer device company is gearing up to unveil a new product at a major October 23 event, said the source, who declined to be named, only days before Microsoft Corp unveils Windows 8 and its new Surface tablet on October 26.

The Nexus 7, manufactured by Asustek Computer Inc, has also seen a successful start, with the tablet selling out soon after launch.

One Wall Street analyst said he had seen the smaller tablet, dubbed iPad mini by the media, while visiting component suppliers in Asia.

"We actually had the opportunity to play with a pilot iPad Mini used by one of the vendors," Topeka Capital analyst Brian White said. "This 7.85-inch iPad Mini fit our hands like a glove and we were easily able to tuck the device in our sport coat, offering consumers a more mobile iPad experience for certain use cases."

Apple events are typically among the most-watched items on the industry calendar, monitored by consumers and technology investors alike. The event in two weeks, however, comes at a time of volatility for the popular technology stock.

Apple shares closed up 0.25 percent at $629.714 on the Nasdaq market, barely recouping significant losses suffered over the past three weeks as investors cashed out after it touched an all-time high of $705.07 on September 21.

While the stock is up 55 percent this year, it is currently down 10 percent from its record high. Wall Street analysts have cited concerns about disruptions of iPhone supplies after a riot in September at one of the plants operated by its main contract manufacturer, Foxconn Technology, and sharp criticism from consumers about errors in its Maps service.

MARGIN RISK?

Apple's fiscal fourth quarter financial results are scheduled to be released on October 25, two days after the event, offering analysts a rare opportunity to grill executives about a new product just after details are made public.

A smaller iPad could be a risk to Apple's industry-leading margins, given that neither Amazon nor Google has been known to make much money from the smaller tablets.

Amazon's first Kindle Fire just about breaks even, according to IHS iSupply estimates. But the internet retailer sells a lot of content - music, books - through the Kindle line.

Google has said that its $199 Nexus 7 is being sold at cost and has no profit margin.

Apple earned gross margins of 23 percent to 32 percent on its U.S. iPad sales between October 2010 and the end of March 2012, a court filing by Apple in a recent patent trial against Samsung Electronics Co Ltd revealed in July. The company's margins on U.S. iPhone sales are almost double those of the iPad, averaging between 49 percent and 58 percent.

Sterne Agee analyst Shaw Wu said that, if Apple prices the smaller tablet between $299 to $349, it could maintain the current margins.

"The biggest cost in a tablet is the display," he said. "On a mini, the display will be a bit cheaper.

If the tablet is priced below $299, Apple could still maintain a decent margin if it offers 8 GB of storage instead of the minimum 16 GB storage it has in the current iPad, Wu added.

A mini version of the iPad marks a departure for the company that now has just one 9.7-inch iPad, although it does come with various storage options and starts at $499.

Late Apple founder Steve Jobs famously derided the 7-inch screen as unwieldy for tablet applications, saying the devices should come with sandpaper so that users can file down their fingers to use them.

But an internal email revealed during the patent trial showed that Internet chief Eddy Cue argued there was a market for a 7-inch tablet and that Apple should have one. The email, sent in early 2011 to top Apple executives, said Jobs had warmed up to the idea.

Struggling Silicon Valley technology icon Hewlett Packard Co was among the first to show, albeit unwittingly, that there was indeed a healthy market for cheap tablets. Sales of the TouchPad took off after the company slashed the price to $99 from $399 and $499 after deciding to kill the product.

(Reporting By Poornima Gupta and Jennifer Saba; Editing by Gerald E. McCormick, Marguerita Choy and Andre Grenon)

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Fri Oct 12, 2012 5:41pm EDT

n">(Reuters) - Two of the nation's biggest banks, Wells Fargo & Co and J.P. Morgan Chase & Co, made record profits over the last three months from a sharp rise in mortgage lending, though performance stumbles elsewhere left investors worried about how long those profits can last.

Both banks reported double-digit increases in third-quarter earnings on Friday, as record-low interest rates and an uptick in the housing market drove a boom in mortgages.

But analysts said those record earnings might not be sustainable, as each bank posted declining margins that suggest they may have a harder time earning as much in the future.

J.P. Morgan shares closed the day down 1.1 percent at $41.62, while Wells Fargo declined 2.6 percent to $34.25. Both underperformed the broader market, which was essentially flat.

The issue is the "net interest margin," or the spread between what the banks earn from loans and what they pay out on deposits. That margin contracted in both cases.

"You have a battle between net interest margin and mortgage banking," said Marty Mosby, an analyst at Guggenheim Securities, referring to the tension between profit-drivers now and potential future results.

MORTGAGES ON THE MOVE

The mortgage market dragged on banks during the worst of the financial crisis but has become a bright spot of late. After the Federal Reserve said in September it would buy huge quantities of mortgage bonds every month for the foreseeable future, rates fell sharply and loan applications soared.

Wells Fargo, by far the largest mortgage lender in the country - three times the size of its closest peer - made $139 billion in mortgages in the three months ending in September, up $50 billion from a year earlier.

There is a limit to that growth, though, warned J.P. Morgan Chief Executive Jamie Dimon.

"We don't expect to count on high margins and mortgage origination forever," Dimon said on Friday. The refinancing trend, he added, will continue "next quarter, maybe for a couple of quarters after that, but it won't last much longer."

SMALLER WHALES

Besides the good news about the housing market, J.P. Morgan also reported that losses are shrinking rapidly from the bad trades engineered by the so-called London Whale, which cost the bank almost $6 billion in the first half of the year.

The losses cast a harsh light on Dimon, the chief executive viewed by some as a potential leading candidate for U.S. Treasury secretary in a second Obama administration. He has apologized repeatedly, and at length, for failing to catch the problem before it grew so big.

The nation's largest bank by assets posted net income of $5.71 billion, or $1.40 a share, up 34 percent from a profit of $4.26 billion, or $1.02 a share, a year earlier.

Analysts on average had expected a profit of $1.24 a share, according to surveys by Thomson Reuters I/B/E/S. Barclays Capital said it was the 17th time in the last 18 quarters that the bank beat Wall Street's forecasts.

Net interest margin contracted to 2.43 percent in the quarter, 4 basis points less than the prior quarter and 23 basis points lower than a year earlier.

Wells Fargo, the nation's fourth-largest bank by deposits, earned $4.9 billion in the quarter, 22 percent more than a year earlier. Per-share earnings of 88 cents just beat the average Wall Street forecast of 87 cents, although revenue missed estimates by some $270 million.

Wells, Warren Buffett's favorite bank, stumbled on the net interest margin. It fell 25 basis points to 3.66 percent in the third quarter. That was a sharper drop than expected, though bank executives insisted they were unconcerned and that investors should focus on overall profitability.

Keefe, Bruyette & Woods analyst Frederick Cannon, in a research report for clients, said the strength in mortgages was good but the weakness in the interest margin was more important.

(Reporting by David Henry in New York and Rick Rothacker in Charlotte, N.C.; additional reporting by Dan Wilchins and Jed Horowitz in New York; writing by Ben Berkowitz; editing by Matthew Lewis)

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