[HN Gopher] The antitrust case against Google
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       The antitrust case against Google
        
       Author : lawrenceyan
       Score  : 101 points
       Date   : 2020-06-11 18:50 UTC (4 hours ago)
        
 (HTM) web link (insights.som.yale.edu)
 (TXT) w3m dump (insights.som.yale.edu)
        
       | nojito wrote:
       | After Google got caught compensating scholars for friendly
       | content, people should be extremely skeptical of anything read
       | until the case the formally revealed. Regardless of how critical
       | or supportive it is of Google.
        
         | tantalor wrote:
         | Link?
        
           | nojito wrote:
           | https://www.wsj.com/articles/paying-professors-inside-
           | google...
        
         | ariwilson wrote:
         | Remember the owner of WSJ, Rupert Murdoch, is vehemently anti-
         | Google:
         | 
         | https://www.google.com/search?q=rupert+murdoch+google&rlz=1C...
        
       | Avicebron wrote:
       | Do antitrust cases normally result in a breakup or sanctions? or
       | Both? I was not around for the Microsoft one, did it have any
       | real impact?
        
         | ocdtrekkie wrote:
         | Essentially the big problem is that antitrust has been pretty
         | much neutered for the past couple of decades. We haven't _seen_
         | properly functional antitrust regulators in a very, very long
         | time.
        
         | zonethundery wrote:
         | Breakups are very hard. Microsoft was overturned on appeal.
        
           | Avicebron wrote:
           | If it can be overturned with an appeal doesn't that only
           | reinforce the underlying problem? If just me as a user of the
           | platform have been feeling increasingly squeezed by AMP, more
           | and more aggressive ads, poorer search results. Large scale
           | data collection, the deeply troubling stance on privacy and
           | anonymity, shouldn't there be a more collective way to say
           | enough?
           | 
           | And to just head this off: "Just switch platforms bro, there
           | are tons of other options out there, haven't you heard of
           | DDG?" this isn't a valid response and instinctively I know
           | you know it to, that's why there is talk of anti-trust.
        
             | renewiltord wrote:
             | Wait, why doesn't it work? I have a friend who uses Brave
             | and DDG and all that. Brave will block the trackers but you
             | could just as well install Chrom(e|ium) with uBlock Origin
             | (and uMatrix if you're so inclined) and also get one of
             | those Amp-bypass plugins.
        
               | ocdtrekkie wrote:
               | The issue is that unless a large enough percentage of
               | users do so, Google still controls the market, and runs
               | the table on the other side. Google is an intermediary in
               | the chain between other businesses which run ads and seek
               | search placement, and consumers which see ads and look at
               | searches.
               | 
               | As long as Google holds 90% of the market, businesses
               | have to advertise with Google, and websites have to cater
               | to Google's search ranking demands.
               | 
               | And users choosing to switch never happens in large
               | enough quantities to change this: Almost everyone uses
               | the default search provider. Which is why Google operates
               | Chrome, Android, and pays for Firefox and Safari search
               | placement. And even if half those platforms weren't first
               | party (and monopolies in their own right), they can't get
               | outbid easily on the other ones because, due to the
               | existing monopoly, they have more money to bid than
               | everyone else.
               | 
               | Fundamentally, I think the bare minimum to handle Google
               | is breaking Android and Chrome away from Google and
               | prohibiting the company from operating their own browsers
               | and operating systems. (It might also be prudent to set
               | limits on their ability to bid for default search
               | placement, as a way to encourage browsers to shift to a
               | browser choice model, which would be hard to compel
               | Firefox and Safari, in particular, to do within the
               | confines of a suit against Google.)
        
               | renewiltord wrote:
               | I think that is a non-sequitur in this discussion which
               | is about a user
               | 
               | > _If just me as a user of the platform have been feeling
               | increasingly squeezed by AMP, more and more aggressive
               | ads, poorer search results. Large scale data collection,
               | the deeply troubling stance on privacy and anonymity,
               | shouldn 't there be a more collective way to say enough?_
        
               | Avicebron wrote:
               | How is this a non-sequitur? There is a clear issue that
               | led to a question about said issue? Issues with google,
               | why is there not a way to solve this? Straightforward.
        
               | AlexandrB wrote:
               | We as users are not really Google's customers. What I'm
               | not hearing much/any of is companies reducing their
               | adword spend or use of Google apps based on Google's
               | business practices.
        
               | renewiltord wrote:
               | > _If just me as a user of the platform have been feeling
               | increasingly squeezed by AMP, more and more aggressive
               | ads, poorer search results. Large scale data collection,
               | the deeply troubling stance on privacy and anonymity,
               | shouldn 't there be a more collective way to say enough?_
               | 
               | Well, in that sense you don't have to be their customers.
               | If you're subject to this then you don't have to be.
        
           | AnimalMuppet wrote:
           | Yes and no. The judgment against them, requiring breakup, was
           | overturned on appeal. But Microsoft was pretty sure that they
           | were going to suffer a lesser penalty, so they settled the
           | case by accepting some restrictions on their behavior, and
           | some monitoring.
        
         | noir_lord wrote:
         | In the EU we got a pop-up letting us choose a different
         | browser.
         | 
         | Beyond that it didn't have much effect directly but it also
         | stopped Microsoft been so hilariously agressive in other ways
         | (though that's a harder effect to pin down, 2000-era Microsoft
         | was a shark with bloodlust).
        
           | judge2020 wrote:
           | > In the EU we got a pop-up letting us choose a different
           | browser
           | 
           | Wonder what it'll take for this to come to all of the other
           | OSes with default browsers
        
             | wmf wrote:
             | Those OSes would have to have monopoly market share.
        
       | megamix wrote:
       | Google is just that big bullying gang on the school yard. We all
       | know what we need to do
        
         | remarkEon wrote:
         | Get straight As, go to a better school, and eventually become
         | its boss?
        
           | Avicebron wrote:
           | The bully can shut down your better school and hide you're
           | report card. Doesn't track.
        
       | andromeduck wrote:
       | What's even the point of adding a bunch of rules to break up a
       | player with less than a third of the market and already in
       | decline? It seems pretty clear that competitors have stepped it
       | up. Meanwhile in Mobile ma bell has reassembled itself and in
       | cable we're stuck with regional monopolies; in healthcare we're
       | happy with the same or greater dominance by total monopolies like
       | for insulin or glasses amongst other goods; likewise in payments
       | with Visa and Mastercard.
       | 
       | Smells like political rent seeking to me.
        
         | [deleted]
        
         | yingw787 wrote:
         | "Why cut my fingernails? They'll grow back."
         | 
         | - Ephraim, "Munich" (2005)
        
       | akersten wrote:
       | I'm confused about what the remedy is supposed to be, or what
       | outcome the AGs are seeking. Actually, it sounds like they
       | haven't made up their mind yet either:
       | 
       | > And then the states are going to presumably file a complaint
       | also at some juncture, probably after that. So then we will see
       | what those complaints say, what kind of conduct they allege as
       | being anti-competitive.
       | 
       | Is it normal for suits like this to be touted out in public for
       | so long ahead of an actual complaint being filed? Seems like
       | intimidation to me.
        
         | ponker wrote:
         | Telling someone that they are breaking the law and giving them
         | a chance to stop before they are punished is not
         | "intimidation."
        
         | RockIslandLine wrote:
         | Yes, it's not at all clear what remedy would be effective.
         | 
         | Some limit on total percentage of searches, similar to the
         | limit in the 1996 Telecommunications Act that no company can
         | own stations reaching more than 35% of the national audience?
         | 
         | That would seem to break google into roughly a triumvirate, but
         | does that actually solve any of the problems in any useful way?
        
         | robbrown451 wrote:
         | "Intimidation" is a pejorative, of course, but I don't see
         | anything wrong with alerting Google that they are risking an
         | antitrust lawsuit if they keep doing things the way they are
         | doing things.
         | 
         | I'm not sure I see the need to be so worried about a nearly
         | trillion-dollar company being intimidated.
        
         | AnimalMuppet wrote:
         | s/intimidation/politics/.
         | 
         | The AGs are trying to look good in the press, so they look good
         | to the voters. As far as actual lawsuits go... there may be
         | one, someday, maybe.
        
       | fanatic2pope wrote:
       | I look forward to Microsoft passionately coming to Google's
       | defense in order to protect the "freedom to innovate".
       | 
       | https://news.microsoft.com/1998/04/09/microsoft-advertisemen...
        
       | netcan wrote:
       | This is very well written.
       | 
       | If antitrust laws do not define google as a monopoly, it's
       | obviously the antitrust laws that are wrong. Google is obviously
       | a monopoly.
       | 
       | The 2018 case against Google in the EU (EUR1.5bn fine) made very
       | similar points and won.
       | 
       | The real problem is what comes next. If recent history is a
       | guide, it will be a cost-of-doing-business fine. This does
       | nothing. At best, they'll adapt practices slightly. Maybe they've
       | adapted enough post 2018 to make this case difficult.
       | 
       | We need a new approach. There is no way antitrust courts can act
       | as regulators effectively. They find that a monopoly exists,
       | but... the goal is not regulated monopolies.
       | 
       | The whole premise of antitrust is that monopolies are harmful in
       | lots of _systemic_ ways. We must assume that most are unknown. A
       | prosecutor  & court can't track down every monopolistic mechanism
       | or dynamic and fine google for it. We need to avoid and void
       | monopolies. This is why there are mechanisms to void mergers.
       | 
       | Adwords could IPO independently. They'd be a great, profitable
       | company. So would Google search, youtube, android... All these
       | could be financially viable companies independently.
       | 
       | Total share price would be lower. This reflects the fact that
       | monopolies are more profitable. OTOH, the Google monopoly is an
       | easy one to solve. It's so profitable that financial viability is
       | easily achieved.
        
         | jldugger wrote:
         | > Google is obviously a monopoly.
         | 
         | Of which market though? Search: maybe. Ads: no.
        
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       (page generated 2020-06-11 23:00 UTC)