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TheDomains.com

Senators Asks The FTC To Investigate Google For Possible AntiTrust Violations

December 19, 2011 by Michael Berkens

Two Senators, Herb Kohl, the Chairman of Subcommittee on Antitrust, Competition Policy and Consumer Rights along with Mike Lee, the ranking member of Subcommittee on AntiTrust sent a letter to the Chairman of the Federal Trade Commission today asking the FTC to investigate Google as to whether they are violating Antitrust Laws and the FTC Act.

In their letter to the FTC they write in relevant part:

“””We are writing to you regarding our examination of competition  concerns arising from the business practices of the world’s  leading Internet search engine, Google Inc. (“Google”).   On September 21, 2011, we held an Antitrust Subcommittee hearing to examine allegations that Google’s search engine is biased in favor of its own secondary products and services, undermining free and fair competition among e-commerce websites.”

“While we take no position on the ultimate legality of Google’s practices under the antitrust laws and the FTC Act, we believe these concerns warrant a thorough investigation by the FTC.   We detail below a number of concerns raised at the hearing, in the course of our Subcommittee  inquiry, and by a number of industry participants that we believe deserve careful review.””

“The Internet is a driving force of the American economy. Today, approximately  240 million people throughout the United States regularly use the Internet, and last year their activity generated nearly $170 billion in commerce. Recent studies show that 92% of adults online use search engines to access information on over one trillion websites.””

“The number of Internet websites will continue to grow, making the role of Internet search engines ever more important for those seeking information or engaging in commerce online. “”

“”In July 2011 alone, there were 17.1 billion search queries in the United States, up 3 percent from the previous month.  Google is dominant in general Internet searches, with a 65 to 70 percent market share in computer-based  Internet search, and a market share of at least 95 percent for Internet searches done on mobile devices.

“In response to Senator Kohl’s  question at our Subcommittee hearing to Google’s Executive Chairman Eric Schmidt as to whether Google is a monopolist in online search, he responded, “I would agree, Senator, that we’re  in that area.”

“Google  faces competition from only one general  search  engine,  Bing, a partnership of Microsoft and Yahoo!,  which is a distant  second  in market share and is losing an estimated $2 billion annually.”

“Given  the scope of Google’s market share in general  Internet  search, a key question is whether  Google  is using its market  power to steer users to its own web products or secondary services and discriminating against  other websites with which it competes.””

“Google  began as a general  Internet  search  engine,  whose  mission  was simply  to identify  the web pages most relevant  to user queries.   Google’s stated goal was to transfer  users from its search results page to the websites listed on that page as soon as possible. As Google  co-founder and current  CEO Larry Page said at the time of its Initial Public  Offering in 2004, “We  want you to come to Google  and quickly  find what you want. Then we’re happy to send you to the other sites. In fact, that’s the point.”

“Google’s business model  has changed  dramatically in recent  years. Google  now seeks not only to link users to relevant  websites, but also to answer  user queries, provide  a variety  of related services, and direct customers to additional information on its own secondary web pages. To do so, Google  has made numerous acquisitions in recent years, purchasing a large amount  of web-based content  and various  e-commerce products and services,6 as well as developing such offerings on its own.”
“Google  now owns a large and growing  array of search-dependent products and services  (what are commonly known as “vertical search  sites”), including Google  Places/Local, Google  Finance, Google  News,  YouTube, Google  Maps, Google  Travel,  Google  Flight Search,  and Google  Product Search.”
“Google  has been very successful in many of these areas, often replacing previous market leaders  in short periods  of time.   Many question whether  it is possible  for Google  to be both an unbiased  general  or “horizontal” search engine  and at the same time own this array of secondary web-based services from which the company derives  substantial advertising revenues.””

“”Google’s critics argue that given its acquisitions and development of these varied web products and services, Google  has a strong incentive to bias its search results  in favor of its own offerings.”

“Rather than act as an honest  broker of unbiased  search  results,  Google’s search  results appear to favor the company’s own web products and services.”

Google has made over 100 acquisitions  since 2001, including: Motorola Mobility (2011) (still under Justice Department review),  Zagat’s (2011), Like.com (2010), ITA Software (2010), AdMob (2009), DoubleCJick (2007), YouTube (2006), and Android (2005).

“Given Google’s dominant market share in Internet search, any such bias or preferencing would raise serious questions as to whether Google is seeking to leverage its search dominance into adjacent markets, in a manner potentially contrary to antitrust law.”

 “As consumer surveys show that.88 percent of consumers click on one of the first three links, these statements appear significant when analyzing Google’s potentially anti-competitive practices.””

“”Google sometimes subjects websites to “search penalties” that drastically lower where links to these websites are found on Google searches. Although there are valid reasons for instituting such penalties-such as for websites that promote illegal activities, or for sites that are fraudulent or pornographic-observers suggest that some sites are penalized only because they compete with Google.  “”
According to Mr. Katz, Google informed him that Nextag’s sites in Europe were penalized mainly because they offered links to other sites and search functionality. Of course, websites that link to other sites and allow users to perform searches have an almost identical function as the Google search engine. If these allegations are true, they raise serious questions as to whether Google is penalizing these competing websites simply in order to maintain its dominant market share in Internet search.”
“The importance of Google search result rank:ings for competing web-based products and services is underscored when one considers the market share of Google’s search engine on mobile devices. Google has a 97 percent market share of Internet searches done on mobile devices”
“In sum, it appears the issues raised at our Subcommittee  hearing merit serious scrutiny by the FTC. It is important to note that the concerns expressed in this letter are not an effort to protect any specific competitor.  Rather, our interest is to ensure robust competition  in this vital market.  We recognize that the Internet is fast evolving and subject to rapid technological change.  We are motivated by a strong desire to protect the Internet’s openness, competitiveness, and capacity for innovation. Critics contend that Google’s efforts to favor its own secondary offerings threaten to retard the development of new innovative products and services on the Internet.
“They argue that if new web products and services are downgraded  on Internet search listings, they will not receive the traffic or advertising revenues necessary to survive, and venture capitalists will not invest in developing innovative alternatives. “
“For the reasons explained above and from the testimony at our Subcommittee hearing, we believe these allegations regarding Google’s search engine practices raise important competition  issues.”

“We are committed to ensuring that consumers benefit from robust competition in online search and that the Internet remains the source of much free-market innovation. We therefore urge the FTC to investigate the issues raised at our Subcommittee hearing to determine whether Google’s actions violate antitrust law or substantially  harm consumers or competition  in this vital industry.”

 “Thank you for your attention to this matter.”

 

Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. LS Morgan says

    December 19, 2011 at 10:26 pm

    And the sad thing is, the moment they went down this road, smart and credible people started seriously warning that they were neck deep in anti-trust waters yet they persisted.

    I don’t think they can be broken up, on the basis of what their business is and how they work. I wonder what sort of civil penalties are available to discourage antitrust practices? Are they grave enough to seriously dissuade a multi billion dollar operation to let go of anti-competitive (but advantageous) practices?

  2. Trie says

    December 20, 2011 at 1:02 am

    Google will fall from the top spot as soon as another site can offer what Google (the search engine) offers. And do a slightly better job of it. To do that, a competitor needs the same information Google has collected: a cache of the crawlable web.

    Does Google try to prevent this from happening?

    Consider their robots.txt file. This file is a website’s stated “permission to crawl”. It sets forth what information may or may not be crawled.

    Google crawls other websites aggressively and incessantly in order to do business. Other sites permit this via their accomodating robots.txt file.
    However Google’s robots.txt allows almost no crawling.

    The mission of the company is purportedly to organise the world’s information.

    But this requires cooperation from others. As such, it is not a mission that can be accomplished single handedly by Google. A prerequisite is the world’s consent to copy and store their information.

    Google relies on others to allow Google to access their information.

    What’s interesting is that once Google has made and stored a copy, others are not permitted to access the information in the same manner as it was collected.

    Simply put, crawl most websites and on rare occassions you might get a complaint, or a request to slow down how fast you’re crawling.

    Crawl Google, who generally has vastly more bandwidth to afford its users than most websites, and they will ban you, swiftly and without warning.

    Is this reasonable? If so, why?

    Remember this is not information Google has generated. (This is not like someone crawling Amazon.) Google has simply copied and stored a copy of someone else’s infromation.

  3. °°°° FaceAnswers.com °°°° says

    December 20, 2011 at 3:55 am

    ALL countries of the world should investigate Google for possible antitrust violations!

  4. Greg says

    December 20, 2011 at 9:24 am

    A trillion websites? That’s quite a few

  5. Jp says

    December 20, 2011 at 9:52 am

    No empire lasts forever. Is google an online empire?

  6. SF says

    December 20, 2011 at 10:36 am

    Long ago, the bean counters probably calculated that it would be much more profitable to go ahead and do pretty much Anything Google wanted to do, and just “Pay The Piper(s)” later.

    As the inquiries, investigations and lawsuits drag on through time, fines and penalties will surely be paid to politicians, governments and other injured parties.

    And, Google will still have more cash than places to put it.

    It will be like taking a handful of light away from the Sun.

    Fortunately, absolute power doesn’t last forever.

    But, for now …The Internet Belongs To Google.

  7. SL says

    December 20, 2011 at 10:47 am

    @Greg: Yeah, I caught that too. Stunning.

    If you really want to see how technically clueless our representatives are, try watching the SOPA hearings. It’s downright embarrassing how uninformed they are. If they’d ask for help from actual experts it might not be so infuriating. But they refuse to because they’re so used to railroading through legislation written by their lobbyists.

    In the broader picture, the Hollywood-financed reps seem to have smacked a hornet’s nest because people are starting to fight back against their business as usual attitude. And the reps are taking notice. Hopefully the same fervor will help shape future technical legislation like this one so it applies common sense instead of corporate partisanship. The point is that a fair and balanced approach to handling the Google monopoly is possible if outside influences are kept in check.

    Sorry, somewhat ot, my 2 cents.

  8. Johnny Ringo says

    December 20, 2011 at 12:07 pm

    Big G really does “need” to be reined in, tamed and humbled

  9. Clobert Rhine says

    December 20, 2011 at 3:29 pm

    The bigger they are the harder they fall. I see Google being broken up into pieces.

    No company I have ever seen has been allowed to push the boundaries so far ; Even Microsoft never got this far, IMO.


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