[HN Gopher] Amazon restricts how rival device makers buy ads on ...
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       Amazon restricts how rival device makers buy ads on its site
        
       Author : known
       Score  : 192 points
       Date   : 2020-09-27 08:14 UTC (1 days ago)
        
 (HTM) web link (www.wsj.com)
 (TXT) w3m dump (www.wsj.com)
        
       | baby wrote:
       | Antitrust?
        
       | neonate wrote:
       | https://archive.is/Sf7I5
        
       | nautilus12 wrote:
       | How is this not antitrust? When are we going to stand up to this,
       | only once its too late and USA stands for United States of
       | Amazon?
        
         | harikb wrote:
         | Right! of all the atrocities in 2020, amazon blocking ads is
         | the most important one.
        
           | ethanwillis wrote:
           | It's a good thing not only one person is working on all
           | issues at once or we'd have to wait for them to be scheduled
           | to work on this far too long from now.
           | 
           | How many Bureaucrats exist? More than enough to handle a
           | single issue at a time.
        
             | pc86 wrote:
             | You've obviously never met a bureaucrat. One issue is
             | pushing it.
        
               | ethanwillis wrote:
               | They take as input infinitely many issues and output
               | infinitely many issues. The problem you point out is one
               | inherent to all turing machine automatons, precisely:
               | "When will they, if ever, be done executing?" :^)
        
         | int_19h wrote:
         | You should thank Robert Bork for gutting the proper
         | understanding of antitrust in US.
        
         | legohead wrote:
         | It is antitrust, I don't know why you're getting downvoted.
         | Antitrust isn't just about monopolies, people.
         | 
         | You can boil it down to a company having too much power and
         | abusing this power to harm competitors which ultimately harms
         | consumers; which is exactly what Amazon is doing in this case.
        
       | AznHisoka wrote:
       | What's even more concerning is that Amazon is promoting their own
       | brands for searches. For example, when searching for "Smart TV",
       | placements of their own Fire TV is on top:
       | https://www.amazon.com/s?k=smart+TV&ref=nb_sb_noss_2
       | 
       | This is deliberate and not the result of the search algorithm.
       | They even label the results: "Featured by own brands"
        
         | Aperocky wrote:
         | How is that different from Walmart or Costco featuring their
         | own brand at prominent location in shop?
        
           | rbecker wrote:
           | Not much. Both behaviors are anti-competitive and should
           | probably be restricted.
        
         | amelius wrote:
         | If I type "Chrome" into Google search, I also get an ad for
         | Google Chrome at the top (I was looking for Chrome, the English
         | singer).
        
           | ealhad wrote:
           | Just tried typing "browser" in the same Google search (using
           | Firefox), it yields interesting results: I have Brave,
           | Firefox, Firefox on Google Play, the Wikipedia article for
           | browser, and not even one Chrome link.
        
             | [deleted]
        
           | johncena33 wrote:
           | Is it absolutely necessary to bring Google into every single
           | conversation and then start bashing it?
        
             | ksk wrote:
             | Google is the new Trump :P (relax, its a joke)
        
           | dspillett wrote:
           | That is understandable due to the over-loaded word though.
           | Without other context how does it know which of the two you
           | are looking for? I know which of the two I'd be looking for
           | information about, given I wasn't aware of the other until
           | now.
        
             | mFixman wrote:
             | I was about to comment against you but you are right.
             | Searching "Browser" on Google shows Firefox first, Brave
             | second, and then a bunch of web articles about browsers in
             | general.
        
       | sokoloff wrote:
       | Surely Target/Walmart would be allowed to display their own in-
       | house brands on end-caps and not allow competitors to buy end-cap
       | space if they want, right?
       | 
       | (Walmart's retail sales are higher than Amazon's retail sales,
       | though that's likely to cross-over sometime in the next couple
       | years.)
        
         | rrobukef wrote:
         | Sure, but then no product should be able to buy end-cap space.
         | Not just disallowing competitors. And in fact, Target/Walmart
         | clearly enforce limits on what is sold. They don't advertise
         | 'Become an Amazon seller' or open advertising to anybody but a
         | specific few. OTOH, just because I haven't heard any complaints
         | about this, doesn't mean anything.
        
           | sokoloff wrote:
           | Walmart's marketplace seems quite open to me:
           | https://marketplace.walmart.com/
           | 
           | Target is indeed gated by a person:
           | https://corporate.target.com/about/products-
           | services/supplie...
        
         | comboy wrote:
         | Supermarkets are a shitshow and from my point of view it's way
         | worse than anything that's happening in the digital world.
         | There are only a few players and that's where all people buy
         | their groceries. If you're not there, you don't exist. And to
         | be there, you need a really good deal.
         | 
         | Product placement (whether you need to reach high low or if
         | it's front of your eyes) make a bigger difference than a
         | packaging which of course dominates over the content. Fancy
         | packaging is also something that big brands can allow and
         | probably protected by patents. Most of stuff you buy is likely
         | from a company which was bought by Nestle. Nestle can
         | negotiate, they can't be removed.
         | 
         | Smaller producers must provide the same product that they make
         | under the supermarket brand so that market can get customers
         | accustomed to good value and then they start looking if
         | somebody can make something similar enough but cheaper.
         | 
         | It's much worse than as if Amazon ordered products by how much
         | money they were paid from a given company and banned products
         | from competitors of those who paid enough.
         | 
         | Free market is long gone in the groceries world.
         | 
         | I did not do enough research, I don't have behind the scenes
         | information, I just think about it sometimes when I'm shopping.
         | I'd love to be proven wrong or read a good book or some article
         | on the topic.
        
         | cwmma wrote:
         | target/walmart buy from wholesalers and then sell to customers,
         | that's fundamentally different from how amazon works which is
         | to facilitate a sale directly between sellers and buyers.
        
       | yyy888sss wrote:
       | Seems like 'Company gives preference to its own products on its
       | own store' which is hardly surprising.
        
         | josefresco wrote:
         | It's a little more complicated than that as Amazon is also
         | running a "marketplace" inside it's own store. Amazon isn't
         | buying these products and reselling them like a traditional
         | retailer, they are providing a marketplace for business and
         | consumers.
        
           | sokoloff wrote:
           | When Home Depot or Walmart buys a bunch of product with the
           | right to return to the vendor any product that doesn't sell-
           | through, is it really that bright-line different?
        
             | josefresco wrote:
             | As someone who has experience trying to "sell" a product to
             | both Home Depot and Walmart no, it's not a bright line
             | difference. I guess my point was that Amazon, and others
             | like Apple like to argue both ways:
             | 
             | "It's OUR store, we can deny anyone for anything." and
             | "It's a MARKETPLACE, we can't be held liable for bad
             | behavior or fraud!"
             | 
             | The offline giants would love to have these same arguments.
        
         | MereInterest wrote:
         | Correct, and this is why trustbusting is so important. Because
         | "Company uses market advantage in one market to force
         | competitors out of an unrelated market." is not a healthy long-
         | term behavior to allow.
        
           | tshaddox wrote:
           | I think "unrelated market" is a tough sell for this case. The
           | two markets are "selling things" and..."selling things."
           | They're pretty closely related.
        
             | MereInterest wrote:
             | I think you are expanding the categories so much as to be
             | useless. Selling books (Amazon's original market) is
             | entirely unrelated from selling home security systems
             | (Amazon Ring). Transportation/logistics (Amazon
             | marketplace) is entirely unrelated from server space as a
             | service (AWS).
        
               | tshaddox wrote:
               | Right, but "selling basically any physical shippable
               | goods" has long the primary business of Amazon.com.
        
             | paxys wrote:
             | No, the two markets are selling things and making things.
             | If Amazon is the sole gatekeeper of getting something from
             | a factory to a customer, it will naturally do everything in
             | its power to boost its own factories and drive all others
             | out of business.
        
       | jedberg wrote:
       | This is why Warren's plan included a provision that doesn't allow
       | a company that runs a marketplace to also participate in said
       | marketplace.
       | 
       | Edit: Since a lot of people aren't familiar with the details, the
       | plan only kicks in once the company reaches 25 billion in
       | revenue.
        
         | durovo wrote:
         | Would love to see how this applies to Apple App Store and Play
         | Store.
        
         | [deleted]
        
         | Shivetya wrote:
         | Just love arbitrary dollar numbers so that they can claim to
         | not target specific companies.
         | 
         | How about laws the apply equally to all. Seriously, go across
         | the magical threshold and then what? You have to leave your own
         | market place? Do we have then a list of exceptions and
         | exceptions to exceptions?
         | 
         | Mickey mouse legislation is the reason the system is in such
         | shambles and there are legions of lawyers just to navigate it
         | all. Government which operates off the petty whims of the
         | politicians is subject to abuse by all sides and you just best
         | hope you stay on the right side.
        
         | dangero wrote:
         | It's funny because some places actually go the other way ---
         | they start off only selling their own stuff and then they
         | invite others into the marketplace. This is one way to overcome
         | the marketplace chicken egg problem of having both buyers and
         | sellers. This would stifle that.
         | 
         | Valve launched Steam originally only with its own games then
         | invited others to join. Now it's a completely open marketplace.
        
           | kannanvijayan wrote:
           | It would stifle the specific marketplaces where, when they
           | "open up" to third parties, wish to retain arbitrary special
           | privileges for first party offerings.
           | 
           | There's a reasonableness metric there that needs to be
           | evaluated. Nothing is simple. If you're giving in-house apps
           | special privileges because you've implemented some core
           | functionality using mostly generic APIs and just a few
           | special hooks.. that's one thing.
           | 
           | If you're giving in-house apps special access to random "nice
           | to have" things, or participation in various contexts (e.g.
           | sales, promotions, etc.).. in order to boost your stuff
           | against others, that's another thing.
           | 
           | The details matter.
        
           | Spooky23 wrote:
           | Amazon was pretty similar. Selling other people's stuff makes
           | financial sense because you don't carry inventory. It makes
           | an accounting cost center a profit center.
        
           | ShinTakuya wrote:
           | I mean, Valve's games (as few and far between they are these
           | days) did and still do get preferential treatment. It just so
           | happens that because Valve doesn't really make games anymore,
           | Steam works out being mostly fair. But if Valve went and
           | released HL3 tomorrow, you can bet it'll be at the top of the
           | store for half the year.
        
             | metalliqaz wrote:
             | I'm not sure the comparison is apt. There is a lot less
             | competition in the space that Steam occupies. If I buy Half
             | Life, I'm _more_ likely to buy another similar FPS, not
             | less likely.
        
             | ashtonkem wrote:
             | The tricky thing is that it would probably be at the top of
             | the store even if Valve didn't put it there; a lot of
             | gamers would be thrilled to see HL3 released. Teasing out
             | the difference between fair and unfair market behavior here
             | is non-trivial.
        
             | dubcanada wrote:
             | Artifact is a Valve game [1], and on it's release it was
             | advertised no more then any other game in the strategy
             | category. It has a banner at the top for a new release as
             | they do for any other game. And that was about it.
             | 
             | [1] - https://store.steampowered.com/app/583950/Artifact/
             | 
             | Not to say HL3 wouldn't get more attention, I don't believe
             | Valve treats their marketplace similar to Amazon.
        
               | kroltan wrote:
               | To be fair, Artifact's announcement even before it ever
               | got to Steam was met with a literal chorus of "BOO"s [1].
               | It wouldn't be [2] the best measure to prove Valve
               | wouldn't favor its own game.
               | 
               | [1]: https://www.youtube.com/watch?v=R0qZTS38cjw [2]:
               | 6.4k likes vs 81k dislikes at
               | https://www.youtube.com/watch?v=DA5mY8XqrHU
        
               | jrockway wrote:
               | I think the dislikes came after the initial launch. I
               | remember everyone being super hyped about Artifact, but
               | then the game came out, and they didn't really like it.
               | (I also bought it, played a few games, bought a few
               | decks, and decided Hearthstone was better.)
               | 
               | The game lost all of its players (something like 30
               | active daily users at one point), and Valve said they
               | were rewriting it. They called it "the long haul", and
               | that is where most of the dislikes came from. People paid
               | for the game, paid for cards, and then were told they
               | couldn't play anymore. The community was furious.
               | 
               | Sometime recently they did release a beta of the new
               | version. I have a beta key but wasn't all that interested
               | in trying it. I imagine most people feel the same way.
               | 
               | Honestly, I think the game was so bad that pushing it on
               | everyone on Steam wouldn't have improved their numbers.
               | It came at a very bad time -- card games were on the way
               | out, auto battlers were on the way in. They gave up on
               | Artifact and focused on Dota Underlords, and probably
               | made the right decision. (I have not followed the auto
               | battlers at all, so I don't know if people like
               | Underlords or not. Maybe it's another Artifact, I'm not
               | the right person to ask.)
        
             | kroltan wrote:
             | Would it? Alyx didn't really overstate its presence earlier
             | this year either.
        
               | eropple wrote:
               | Alyx is also a VR game. Bit more niche.
        
               | kroltan wrote:
               | Steam has a very powerful recommendation engine, and
               | knowledge about the hardware of its users. I would be
               | surprised if they weren't able to focus their marketing
               | to VR owners if they wanted.
        
               | gommm wrote:
               | In the past year, I've used my steam account for VR games
               | 50% of the time roughly and they still didn't really push
               | Alyx all that much.
               | 
               | That said given I mostly only do short game sessions ,
               | maybe they figured that I wouldn't be that interested in
               | it?
        
               | Dylan16807 wrote:
               | How short? The chapters in Alyx average a bit over an
               | hour each but nothing stops you from only doing half a
               | chapter.
        
           | amadeuspagel wrote:
           | But the same is true for amazon.
        
           | srtjstjsj wrote:
           | They should spin off at that point. The original inventors
           | can holds stock and earn return, but the platform would have
           | to operate at arm's length from the original product.
        
         | guerrilla wrote:
         | Question for anyone who might know: how does this currently
         | work with stock markets? Would it have to change?
        
         | amadeuspagel wrote:
         | This is a terrible idea. It's almost impossible to bootstrap a
         | marketplace without participating in it. Amazon as a platform
         | that people can sell their own stuff on is only possible
         | because people were already using it to buy things directly
         | from amazon.
        
           | reaperducer wrote:
           | _It 's almost impossible to bootstrap a marketplace without
           | participating in it._
           | 
           | This is obviously untrue. Walk into almost any store in the
           | world, and you're in a marketplace where the owner is not
           | also selling his own competing products.
           | 
           | There are vanishingly few exceptions, like garden centers,
           | big box stores, and supermarkets.
        
             | amadeuspagel wrote:
             | There are three different things happening on amazon:
             | 
             | #1 Amazon selling third party products.
             | 
             | #2 Third party sellers selling their products.
             | 
             | #3 Amazon selling their own products.
             | 
             | You're pointing out that #3 isn't necesary, and that's
             | true, but my point is that #1 is necessary and is how every
             | store starts, then they might expand into #2 and #3.
        
               | amelius wrote:
               | #1 isn't necessary if amazon started as a logistics
               | company, with smaller shops as their clients.
        
             | srtjstjsj wrote:
             | And those stores arent as good as Amazon, according to
             | millions of customers.
        
           | amelius wrote:
           | Ok, perhaps allow for a bootstrap period.
        
           | adambyrtek wrote:
           | eBay and many others prove that it's definitely a
           | possibility.
        
           | jedberg wrote:
           | The plan only kicks in once you have 25 billion in revenue.
           | 
           | So there is a generous bootstrapping period.
        
         | t-writescode wrote:
         | This plan seems like it would have a LOT of collateral damage
         | that we don't want to have.                 I still want Valve
         | to still be able to sell games on Steam.       I want Epic to
         | be allowed to make games.       I want Costco to still have the
         | Kirkland brand.
         | 
         | And so on.
        
           | flavius29663 wrote:
           | typical socialist ideas, sounds good to the masses, but with
           | potential consequences that are the opposite of what they
           | want.
        
             | CogitoCogito wrote:
             | > typical socialist ideas, sounds good to the masses, but
             | with potential consequences that are the opposite of what
             | they want.
             | 
             | This has nothing at all to do with socialism. In fact,
             | those that support such an argument seem to do so because
             | they believe it _increases_ competition. It might actually
             | be the polar opposite of socialism.
        
             | t-writescode wrote:
             | Well, it isn't a socialist plan. That would be more like
             | obligating the employees to all be stockholders
             | proportional to the number of employees in the company;
             | but, nice try :)
        
           | srtjstjsj wrote:
           | Spin off the house brand from the house.
        
             | zaptrem wrote:
             | What if half the people work on both?
        
         | latortuga wrote:
         | How does this work for B&M companies? Think Walgreens or
         | Target. They have plenty of in-house brands and also major 3rd
         | party brands. Are they allowed to continue having in-house
         | brands?
        
           | ocdtrekkie wrote:
           | I don't think anything good would be lost if store brands
           | went away as an anti-monopoly measure. They're usually just
           | rebranded from some other company anyways. No need for the
           | retail store to be double-dipping.
        
             | bradstewart wrote:
             | The inhouse brands are quite often cheaper for the
             | consumer. That's worth something.
        
               | Ensorceled wrote:
               | The in-house brands are cheaper because they are double
               | dipping on margin and can afford to under cut their
               | competitors. This is only good for consumers in the short
               | term and bad for the health of the market place overall.
        
               | srtjstjsj wrote:
               | It's also because I'm not paying for a $1 advertising for
               | my $3 box of cereal.
        
               | Ensorceled wrote:
               | That is also true. It's the other huge advantage the
               | store brands have... there is little need to advertise
               | Kirkland to get sales.
        
               | ocdtrekkie wrote:
               | They're cheaper because they're not "brand name". That
               | doesn't mean the not brand name option needs to be owned
               | by the retail store.
        
               | scarface74 wrote:
               | And then they would be more expensive because they have
               | to advertise and have their own supply chain. How does
               | that help consumers?
        
               | p49k wrote:
               | There are grocery stores which sell cheaper off-label
               | products that aren't their own. The makers of those
               | products don't advertise and thus pass those savings to
               | the consumer. It's a system that's already proven to
               | work.
        
               | scarface74 wrote:
               | Are we trying to protect consumers?
        
               | Cerium wrote:
               | I'm not sure about this. I think a lot of why store
               | brands work is because you trust the store not to cheat
               | you. If the product is bad you know who to blame. The
               | store wants the product to be good because they will
               | loose customers of they make bad house brand products.
        
               | p49k wrote:
               | A store that sells third party off-label products can
               | still do quality control on those products and can take
               | responsibility for what they sell, just as they would
               | remove faulty brand-name products to protect their
               | reputation.
        
               | scarface74 wrote:
               | They could remove it.
               | 
               | But if consumers have a choice between Advil and CVS
               | brand Ibuprofen, they must trust the CVS brand but not
               | some other brand.
               | 
               | But the question remains - is the consumer being harmed?
               | Store brand OTC drugs have existed for decades and have
               | been cheaper than brand names.
        
               | delfinom wrote:
               | A long time ago, in organic chemistry we had a lab where
               | we decomposed multiple brands of acetaminophen pills
               | including tylenol to measure the content of acetaminophen
               | . And well, Tylenol is the only drug that 20 or so
               | independent groups that was even close to its labeled
               | dosage. The off brands were as bad as 60%.
               | 
               | But there's alot of shady as fuck shit that goes on in
               | the OTC and generic market where they are produced
               | largely overseas in labs that intentionally cut corners
               | and the FDA doesn't give a shit. In fact, the FDA
               | announces their inspections ahead of time which allows
               | the labs to cheat.
               | 
               | https://www.npr.org/sections/health-
               | shots/2019/05/16/7235458...
               | 
               | https://www.nytimes.com/2019/05/11/opinion/sunday/generic
               | -dr... (One FDA inspector ended up quitting because of
               | his consistent findings in unannounced inspections he
               | made and the FDA not giving a shit and reducing
               | violations)
        
               | scarface74 wrote:
               | So are you saying that _pharmacists_ are making a bad
               | decision when they buy OTC products? Are they that
               | uninformed?
               | 
               | https://freakonomics.com/podcast/how-to-save-1-billion-
               | witho...
        
               | srtjstjsj wrote:
               | No, pharmacists know the precise dosage is not very
               | important. But domestic companies are held to a higher
               | standard than imports.
        
               | neltnerb wrote:
               | Given the margins it might be that the only reason
               | they're cheaper is they any discount from selling it
               | under a store brand isn't reversed by having to pay
               | profits to a pointless middleman.
               | 
               | I don't see a problem with them selling their own banded
               | stuff, or even if it's cheaper, in most senses.
               | 
               | I do see a big problem with using what most people
               | consider to be an open market that you can get anything
               | on (even whole computers!) and specifically using that
               | power to inhibit competition by having different
               | advertising policies. It's not like those products were
               | pulling an epic and refusing to give Amazon a cut of the
               | sale, or doing something illegal -- just being banned
               | from visibility is ridiculous abuse of monopoly power.
        
               | triceratops wrote:
               | I always thought store brands are cheaper because they
               | don't need any marketing spending like the name brands
               | have to keep doing.
        
               | neltnerb wrote:
               | Every little bit helps... these margins are tiny.
        
               | zeroonetwothree wrote:
               | Part of the reason they are cheaper is they are owned by
               | the store and thus get cross-subsidies.
               | 
               | This is probably bad for the brand name products but very
               | good for consumers.
        
             | scarface74 wrote:
             | So now we are going to pass laws that disallow _cheaper_
             | house brands to "help" consumers?
        
               | yourapostasy wrote:
               | With the rare exception like Costco, cheaper house brands
               | often imply they're equivalent to brand name goods, but
               | take unadvertised shortcuts in process and/or feedstock,
               | misleading consumers who don't take the time to carefully
               | compare to weigh whether the shortcut is worth the value
               | to them.
               | 
               | I wouldn't mind house brands as much if supply chain
               | information and process information was transparent
               | across all companies, but that supply chain information
               | is a pseudo-trade secret (and for real-time supply chain
               | information, definitely a trade secret) [1], and you can
               | forget about obtaining process information. I do use
               | house brands for some goods personally, but this is the
               | result of many years of a lot of careful vetting and
               | monitoring ingredient lists that I know is not
               | commonplace nor even feasible with many retail consumers.
               | 
               | House brands can be a useful tool in the market, but they
               | can be abused in too many ways for me to relax my
               | vigilance as a consumer. They also can be abused in too
               | many ways in their distribution channel role to obtain
               | highly-granular, time-sensitive competitive information
               | that normally wouldn't be available in the open market,
               | for me to completely accept their unregulated deployment.
               | 
               | I wouldn't go as far as to say ban house brands by law.
               | But I wouldn't want to keep them completely unregulated
               | in all contexts like we are currently doing, either.
               | 
               | Happy to change my mind with any new information anyone
               | cares to share though, as this isn't an area I keep a
               | close eye upon.
               | 
               | [1] https://www.importyeti.com/
        
               | scarface74 wrote:
               | Housebrand OTC drugs in particular are the same as the
               | name brand equivalent. There was a Freakonomics episode
               | where they said pharmacists overwhelmingly choose house
               | brand OTC products.
               | 
               | House brands of any product have to pass the same
               | relevant regulations.
        
               | yourapostasy wrote:
               | Yep, likely because OTC pharma is a tightly-regulated
               | market? However, there are still gaps I haven't found
               | explanations for yet, so I must be misunderstanding how
               | house branding works. For example, house brands have not
               | materially impacted the insulin market [1] even though it
               | is quite regulated to my best understanding. Even when
               | insulin patents expire, there haven't been house brands
               | introduced on more modern formulations [2] [3]. Nor have
               | house brands moved into vaccine production.
               | 
               | There is probably much, much more than meets the consumer
               | retail eye to house branding, and I'd love to get an
               | insider's look at the factors and considerations around
               | the decision to roll out a house brand product.
               | 
               | [1] https://insulinnation.com/treatment/why-walmart-
               | insulins-are...
               | 
               | [2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4955122/
               | 
               | [3] https://www.pbs.org/newshour/health/insulin-market-
               | shakeup-p...
        
               | gamblor956 wrote:
               | _Even when insulin patents expire, there haven 't been
               | house brands introduced on more modern formulations [2]
               | [3]. Nor have house brands moved into vaccine
               | production._
               | 
               | This is because house brands are made by the name brands.
               | In order to maintain their competitive edge for their
               | name brands, they don't offer the modern formulations
               | white label to the stores, and vaccines generally are not
               | permitted by FDA regulations to be sold white-label.
        
               | yourapostasy wrote:
               | Thanks, I didn't know that about vaccines, where can I
               | find out about this? For DT, there is one generic label
               | [1]. I don't see the commonality of the few others that
               | are generic as well [2]. So the FDA regulation will be
               | interesting to see. Combined with the daunting financing
               | challenges with vaccines [3], that might explain why
               | there are no white label vaccines?
               | 
               | In a couple of my previous links, some of the more modern
               | formulations like Humalog came off of patent protection
               | in the US around 2017, but no one outside the
               | manufacturer has picked up white label manufacturing. A
               | lot of times house branding just seems like market
               | segmentation to me based around packaging when the
               | original manufacturer is making the same product, but
               | many times I've picked up a house brand and a name brand
               | packaged food for example, and find sugar is higher up in
               | the ingredients list in the house brand (and the
               | nutritional panel reveals it is a significant ranking
               | change).
               | 
               | Thus house brands seem like an obfuscation of the market
               | to my uninformed eye so far. They seem to act in the
               | macro scale as a way to prevent real competitors from
               | arising and taking away real revenue and margin, by
               | stuffing the distribution channel with SKU's that give a
               | slightly larger cut to the distributors in exchange for
               | maintaining the same vendor count (thereby making it much
               | more difficult for a competitor to gain shelf space).
               | 
               | Those incentives probably all change around with an
               | ecommerce site like Amazon. I just find this aspect of
               | free markets fascinating as a layperson.
               | 
               | [1] https://www.cdc.gov/vaccines/vpd/dtap-tdap-
               | td/hcp/about-vacc...
               | 
               | [2] https://www.cdc.gov/vaccines/vpd/vaccines-list.html
               | 
               | [3] https://www.ncbi.nlm.nih.gov/books/NBK221811/
        
               | gamblor956 wrote:
               | _some of the more modern formulations like Humalog came
               | off of patent protection in the US around 2017, but no
               | one outside the manufacturer has picked up white label
               | manufacturing._
               | 
               | For drugs, generics still need to prove that their own
               | product meets safety standards and is the equivalent to
               | the drug coming off patent protection. It's not cheap.
               | For biologics like insulin, it's even more expensive.
               | 
               |  _Thus house brands seem like an obfuscation of the
               | market to my uninformed eye so far. They seem to act in
               | the macro scale as a way to prevent real competitors from
               | arising and taking away real revenue and margin, by
               | stuffing the distribution channel with SKU 's that give a
               | slightly larger cut to the distributors in exchange for
               | maintaining the same vendor count (thereby making it much
               | more difficult for a competitor to gain shelf space)._
               | 
               | That's not how retail works. Stores are more than happy
               | to put new products on the shelf, especially if they sell
               | well. They don't "maintain vendor count," they allocate
               | shelf space based on actual sales. If a product doesn't
               | sell well, it loses space to better-selling products on a
               | daily or weekly basis (depending on the store). New
               | products show up all the time, and depending on the
               | arrangement with the manufacturer have between a week and
               | a month to show their selling power. (New products are
               | usually on a consignment basis so the manufacturer only
               | gets paid if units sell.)
        
               | yourapostasy wrote:
               | _> That 's not how retail works...they allocate shelf
               | space based on actual sales._
               | 
               | Thanks for explaining what goes on behind the scenes! I
               | don't have the terminology for this since I'm not in the
               | domain, so what is it called when a Wal-Mart or Home
               | Depot or grocery chain purchasing department selects a
               | vendor for a product, but will not consider another
               | similar vendor, because physical shelf space is finite?
               | For example, I see Lincoln welding machines, but not
               | Miller, Fronius, or some white label from China at Home
               | Depot, and every Home Depot has the same amount of shelf
               | space set aside for welding machines, but all Lincoln.
               | There isn't even experimentation with an alternative
               | brand with one model.
               | 
               | Based upon your description, that finite physical
               | limitation is not able to be strategically used by
               | incumbents to take the oxygen out of the room for other
               | vendors. One way to suck the oxygen out is to sell more.
               | But if I'm an incumbent, and I get a chance to sell
               | exactly the same product in house brand packaging for
               | slightly less margin with a greater chance that a
               | competitor won't get to see the same shelf, I'll take
               | those reduced margins all day long. For a marginal loss
               | in profit, I block shelf space without having to grow my
               | sales by some commensurate amount to take up the same
               | blocked shelf space. So why won't that work in the real
               | world?
        
               | gamblor956 wrote:
               | _With the rare exception like Costco, cheaper house
               | brands often imply they 're equivalent to brand name
               | goods, but take unadvertised shortcuts in process and/or
               | feedstock, misleading consumers who don't take the time
               | to carefully compare to weigh whether the shortcut is
               | worth the value to them._
               | 
               | This is not true. I used to have a number of consumer
               | products clients when I was at a firm. Store-brand
               | products are all made for the stores by name brands as
               | part of their white label programs (excepting clothing,
               | since the transaction flows are different for that
               | industry).
               | 
               | Usually the way it works is that the white label product
               | is the same as the standard product, but with store-
               | selected packaging. In most cases, the differences are
               | purely cosmetic (as with cereals, which are made for most
               | stores by General Mills and its competitors.) In a few
               | instances, the store brand is usually a white label
               | version of the brand name's discount brands, such as the
               | store-brand products at the 99 Cents Only and Dollar
               | Stores.
               | 
               |  _I wouldn 't mind house brands as much if supply chain
               | information and process information was transparent
               | across all companies, but that supply chain information
               | is a pseudo-trade secret (and for real-time supply chain
               | information, definitely a trade secret) [1], and you can
               | forget about obtaining process information._
               | 
               | This information is known within the industry. As
               | 99.99999% of customers don't care about the supply chain
               | of a store brand product, they don't include that
               | information on the packaging. But then again, neither do
               | the name brands. In some cases, you can the name of the
               | manufacturer by asking the store's corporate office, and
               | they'll usually tell you. Generally, they don't have
               | access to "process information" for how the product is
               | manufactured because they're just buying the product from
               | the manufacturer. Whether the manufacturer will tell you
               | depends on the product.
               | 
               |  _I wouldn 't go as far as to say ban house brands by
               | law. But I wouldn't want to keep them completely
               | unregulated in all contexts like we are currently doing,
               | either._
               | 
               | House brands are subject to the same regulations as name
               | brands.
        
               | srtjstjsj wrote:
               | It's absolutely trivial and cheap to buy two boxes of
               | cereal and open them up to see that the store brand
               | version is quite different from the name brand.
        
             | AdmiralAsshat wrote:
             | You'd lose Costco's Kirkland brand, which is one of those
             | rare instances of the store brand often being _better_ than
             | the name-brand.
        
               | mtgx wrote:
               | > one of those rare instances
               | 
               | You said it, not me. We can't have policy revolving
               | around a single company. The net positive would be
               | greater in the market if platforms wouldn't be able to
               | double-tip.
        
               | codegladiator wrote:
               | Why can't they still sell it at stores which they don't
               | owe?
        
               | triceratops wrote:
               | One of the reasons I keep a Costco membership is for
               | access to Kirkland products. And I think they know that a
               | lot of their customers feel this way.
        
               | AdmiralAsshat wrote:
               | Bear in mind, I have no idea how wholesalers work in this
               | day and age. But once upon a time, a wholesaler like
               | Costco sold stuff _at cost_ (e.g. they charge what they
               | paid the supplier for the product), and their revenue
               | derived from the annual membership fees. So it 's not in
               | Costco's interest to start selling Kirkland Brand Extra
               | Virgin Olive Oil at Safeway, because it wasn't a profit
               | center to begin with. The whole point of selling their
               | own branded product was:
               | 
               | a) To reduce costs by controlling the entire means-of-
               | production
               | 
               | b) To ensure quality control on the product and build
               | faith in the brand, which in turn
               | 
               | c) Pulls people into the store, forcing them to buy a
               | Costco membership if they want the product.
        
               | gamblor956 wrote:
               | With regards to (a), Costco doesn't do that. Their entire
               | Kirkland line is white-label products, excepting their
               | pizzas which use dough made by regionally locally
               | bakeries. They do have employees oversee (b), but they
               | don't oversee the actual production; they conduct random
               | inspections of shipped products.
               | 
               | For example, Kirkland coconut water is simply white-label
               | Vita Coco, and the made by label indicates it is packaged
               | for them by the same company that produces Vita Coco.
        
               | Miraste wrote:
               | Better to cancel the line than supply competitors with
               | better cheaper products than your own store.
        
               | codegladiator wrote:
               | Sorry I don't get the point. Costco's competitors selling
               | Costo's cheaper product would still harm costco ?
               | 
               | Does costco get some extra benefit if the consumer buys
               | Kirkland from costco ?
        
               | lotsofpulp wrote:
               | Costco's value proposition is that they make (on average)
               | no net income from sales of their products, and that you
               | will find no other competitor who can sell the same
               | quality products at a cheaper price (because costco's
               | already selling them as cheap as possible). In exchange,
               | they ask you to pay a membership fee, which is their net
               | income.
               | 
               | If they were to give away their reputation to other
               | sellers by letting them sell their QC'd products, they
               | would be lowering the value of their memberships.
        
               | Miraste wrote:
               | > Does costco get some extra benefit if the consumer buys
               | Kirkland from costco ?
               | 
               | Yes. Costco positions their store brand as a major part
               | of their appeal. This attracts more consumers to their
               | stores, which
               | 
               | A. Increases membership, for which there's an annual fee,
               | and
               | 
               | B. Increases traffic, increasing sales of high margin
               | items as well as the low margin store brand.
        
               | B_ryJenkins wrote:
               | If Costco sells their products at other stores they are
               | effectively shooting themselves in the foot: It is
               | providing the lower price of their products to be accesed
               | without paying for a membership; which is how Costco
               | makes money.
        
               | indymike wrote:
               | That's not always the case. Sometimes the white label
               | results in a small decrease to the name brand and
               | captures sales to a different market.
        
               | gamblor956 wrote:
               | Most of the Kirkland brand products are white-label
               | products made for them by companies that sell competing
               | name-brand products.
               | 
               | Costco has employees that oversee the QC of these white-
               | label products.
        
               | true_religion wrote:
               | Quality control is basically the differentiator in modern
               | manufacturing.
               | 
               | Intels high price chips, and low price chips are often
               | the same chip except the low priced one failed quality
               | control and had some of its circuits turned off.
        
               | LordDragonfang wrote:
               | This common process is called binning, in case anyone
               | wants to read more on it.
               | 
               | Wikipedia article, as a primer:
               | https://en.wikipedia.org/wiki/Product_binning
        
             | JackFr wrote:
             | > I don't think anything good would be lost if store brands
             | went away
             | 
             | A cheaper alternative for consumers?
             | 
             | Consider some consumer good made overseas produced at the
             | same factory for both the name brand and store brand. As a
             | consumer why should I have to pay for the huge marketing
             | spend the name brand needs to recoup?
             | 
             | I don't see how harming consumers is a useful end of anti-
             | monopoly laws.
        
               | srtjstjsj wrote:
               | No-name brands don't have to be store brands, and aren't
               | always.
        
             | reaperducer wrote:
             | _They 're usually just rebranded from some other company
             | anyways_
             | 
             | This is a common belief, and also mostly false. I think
             | it's common because it used to be true, but isn't anymore.
             | 
             | With the economies of scale that a company like a Target or
             | a Wal-Mart have these days, plus the ever-declining cost to
             | manufacture goods, most store brands are actually run for
             | those stores, and not re-labeled big brand goods, or
             | seconds that were rejected by the primary contractor.
        
               | delfinom wrote:
               | Depends on the product really. Some name brands don't
               | even formulate the product themselves but rather just
               | stamp their name on it just like the stores would. The
               | result is the true manufacturer is able to manufacture
               | the same good under multiple brands rather easily.
        
           | pcdoodle wrote:
           | Considering Walgreens and Target don't own 50% of the offline
           | marketplace, Perhaps that could be a factor.
        
             | [deleted]
        
             | scarface74 wrote:
             | Amazon has 5% of retail.
             | 
             | Walmart is still larger.
             | 
             | https://www.mediapost.com/publications/article/331054/repor
             | t...
             | 
             | Geeks have been complaining for decades that companies
             | shouldn't be able to patent stuff because "it's on the
             | internet". Why limit the relevant market to "on the
             | internet"?
        
           | CarVac wrote:
           | I don't think brick-and-mortar stores are operating a
           | marketplace the way Amazon is, though.
        
             | notyourwork wrote:
             | How are they different?
        
               | darksaints wrote:
               | They own the inventory and therefore take the risk of
               | selling it. Amazon doesn't own the inventory of its
               | marketplace sellers, and they can do anything they want
               | to put them out of business at no financial risk to
               | themselves.
        
               | judge2020 wrote:
               | Walmart very well could drop both Zip Loc's and Hefty's
               | resealable plastic bags and not have any drop in sales
               | since people will just buy the great value brand that
               | replaces their position on shelves.
        
               | wongarsu wrote:
               | Some people might have enough brand loyalty to Ziploc
               | that they will go to a store that carries them
        
               | darksaints wrote:
               | You don't know that they wouldn't have any drop in sales,
               | let alone profits, by doing such a thing.
        
               | scarface74 wrote:
               | If you follow the CPG space, they spend millions on brand
               | advertising that is becoming less affective as newspaper
               | advertising and tv advertising is on the decline.
               | 
               | P&G has been on the decline for years. Dollar Stores
               | selling no name products have been on the rise.
        
               | [deleted]
        
               | srtjstjsj wrote:
               | Dollar Stores are on the rise because people can't afford
               | quality anymore.
        
               | lotsofpulp wrote:
               | There is a very noticeable difference between the quality
               | of Ziploc and Hefty brands versus Great Value brand.
        
               | [deleted]
        
               | [deleted]
        
               | jlbnjmn wrote:
               | Brick and mortar retailers sell third party products but
               | they don't allow third party sellers (in their brick and
               | mortar stores).
               | 
               | To test this, go to Target and ask if you can put some
               | items on the shelf for them to sell for you. If that's an
               | option, it's a marketplace.
               | 
               | Everything sold by Target is sold by Target.
               | 
               | Amazon is the online version of a flea market in the
               | parking lot of a big box store.
               | 
               | I don't know if that is the distinction lawmakers are
               | making, but to me that is the difference.
        
               | scarface74 wrote:
               | What's the practical difference? Depending on the terms,
               | if an item doesn't sell, they can send it back to
               | manufacturer/wholesaler. This is/was especially prevalent
               | with media like magazines, CDs, games, books etc.
        
               | ardy42 wrote:
               | > What's the practical difference?
               | 
               | One is the liability is much clearer. At least in some
               | jurisdictions, if the manufacturer can't be located to
               | take responsibility for a defective product, the retailer
               | can be sued instead. IIRC, Amazon weaseled out of some
               | hoverboard product safety lawsuits by claiming it wasn't
               | the actual retailer.
               | 
               | https://news.bloomberglaw.com/us-law-week/amazon-beats-
               | state...
        
               | scarface74 wrote:
               | And how does splitting the marketplace up alleviate that
               | problem? That does just the opposite. Now Amazon
               | corporate can shield itself even more.
        
               | ardy42 wrote:
               | > And how does splitting the marketplace up alleviate
               | that problem? That does just the opposite. Now Amazon
               | corporate can shield itself even more.
               | 
               | In this case, my hope would be that Amazon would shut
               | down the 3rd party marketplace in favor of it's own
               | retail business. Alternatively, it could explicitly wall
               | them off from each other so there's a much clearer
               | distinction and the marketplace could be more easily
               | avoided unless explicitly desired.
        
               | scarface74 wrote:
               | Do you really think that's the outcome any of the people
               | who participate on the marketplace want - not to be
               | integrated with Amazon.com?
        
               | ardy42 wrote:
               | > Do you really think that's the outcome any of the
               | people who participate on the marketplace want - not to
               | be integrated with Amazon.com?
               | 
               | I'm sure the integration is desired by many sellers [1],
               | but my sympathies lie with shoppers, and Amazon
               | Marketplace has made my buying experience worse.
               | 
               | [1] To give a slanted example: if I'm a seller trying to
               | unload counterfeit or substandard goods, I want a trusted
               | brand like Amazon's to hide behind. Even better if burred
               | distinctions let me piggyback on any goodwill Amazon's
               | first-party sales have created in shoppers.
        
               | scarface74 wrote:
               | So you are not concerned with protecting the "little
               | guy"? Doesn't that give Amazon _more_ power in the
               | marketplace?
        
               | srtjstjsj wrote:
               | Your solution to anti-competitive behavior is to complete
               | eliminate the competition?
        
               | gamblor956 wrote:
               | That's different, and the actual transaction doesn't
               | occur as you describe.
               | 
               | The stores had already paid for the magazines, books,
               | etc. When they returned the physical media to the
               | manufacturer, it was because the manufacturer accepts and
               | destroys them or attempts to resale them to discount
               | retailers. The manufacturer _usually_ rebates the stores
               | for the returns because they want the stores to keep
               | buying from them, but this usually comes in the form of
               | rebates /discounts on _new_ inventory purchases, not as
               | refunds on the returned products.
        
               | jlbnjmn wrote:
               | Conflict of interest.
        
               | scarface74 wrote:
               | Thought experiment. If Amazon had to divest the
               | marketplace and not integrate third party sellers with
               | their website and decided to sell the most
               | popular/profitable products in house, would that help the
               | third party sellers?
               | 
               | Who would buyers go to? Amazon.com or the hypothetically
               | amazonmarketplace.com?
        
               | jedberg wrote:
               | The more likely outcome would be a amazon.com remains the
               | marketplace, and they spin out Amazon Basics as a
               | separate company that would then sell on Amazon.com
               | alongside all the other 3rd parties. Amazon.com would no
               | longer have an incentive to feature Amazon Basics as it
               | would be just another seller. At the same time, you might
               | see Amazon Basics in Walmart or Costco.
        
               | scarface74 wrote:
               | And where would the products that Amazon sells as a
               | traditional retailer go? And Alexa and Fire products?
               | 
               | Until Amazon Basic gives Amazon virtual "slotting fees"
               | to have the best placements...
        
               | spockz wrote:
               | They still source their products from the same
               | manufacturers as the brand products. It is just the label
               | or the fragrance that is slightly different. In Amazon's
               | case it sources it's copied product from different
               | manufacturers. So once you get a successful product you
               | cloned by a powerful Amazon. And Amazon can always do it
               | cheaper than you.
        
               | rrobukef wrote:
               | As long as I remember there have been no complaints about
               | restricting advertisements. (Although plenty of other
               | anti-competitive behaviour)
               | 
               | Amazon touts a 'free' marketplace where anybody can sell
               | and advertise their product. Yet it uses its monopoly on
               | ads within their domain against others.
        
               | CarVac wrote:
               | Brick and mortar stores buy from wholesalers and resell.
               | 
               | Amazon facilitates direct transactions between buyers and
               | sellers. It also participates as a seller.
        
               | [deleted]
        
           | jedberg wrote:
           | Those aren't marketplaces. They have to buy the products they
           | sell.
        
             | baskire wrote:
             | They actually don't buy all the products they sell.
             | 
             | They often only pay the manufacturers after its sold. And
             | sometimes don't return the units which don't sell
        
               | jedberg wrote:
               | > They actually don't buy all the products they sell.
               | 
               | This is not true at all. Costco buys everything they
               | sell.
               | 
               | > They often only pay the manufacturers after its sold.
               | 
               | This _is_ true, and may be where your confusion lies.
               | They buy on net 30 /60/90 terms from their vendors. This
               | means they have 30/60/90 days to pay them. Because they
               | move inventory so quickly, they have often sold an item
               | before they have to pay for it.
               | 
               | But they are still buying it and still taking the risk
               | that it won't sell.
               | 
               | > And sometimes don't return the units which don't sell
               | 
               | This is only true because as I said before, they own the
               | items.
        
               | cosmie wrote:
               | The parent's referring to consignment inventory[1], not
               | payment terms.
               | 
               | The model isn't common for general consumer goods retail,
               | but it's a fairly common practice once you get into more
               | specialty and high-priced inventory.
               | 
               | [1]
               | https://www.warehouseanywhere.com/resources/consignment-
               | inve...
        
               | gav wrote:
               | > But they are still buying it and still taking the risk
               | that it won't sell.
               | 
               | I don't know about Costco, but the big box stores don't
               | carry any risk. If the product doesn't sell then they
               | return it and deduct that off your next invoice. The same
               | happens for a customer return.
               | 
               | Depending on the retailer/product category you might get
               | charged slotting fees, pay-to-stay, plus a share of
               | promotional costs[1]. There are also other fees for use
               | of distribution centers, discounts for paying early (even
               | if it's not early), fees (or extended terms) for slow-
               | moving products, and so on.
               | 
               | "Owning the items" feel less correct than "borrowing
               | items with a promise to pay".
               | 
               | [1] https://traxretail.com/blog/quick-guide-shelf-space-
               | costs/
        
               | Falling3 wrote:
               | > I don't know about Costco, but the big box stores don't
               | carry any risk. If the product doesn't sell then they
               | return it and deduct that off your next invoice.
               | 
               | That clearly does not apply in many instances, otherwise
               | we wouldn't have clearance sections. There are all kinds
               | of scenarios where it's either not possible, not
               | feasible, or just not economically viable to return
               | products to the manufacturer.
        
               | cnst wrote:
               | I'm not sure what's your point here is; but the idea is
               | that with big B&M stores, it's still the manufacturer
               | that is ultimately liable for the product; so, if the
               | product doesn't sell, it's probably up to the
               | manufacturer whether they want it back or may be
               | interested in putting it into clearance and/or straight
               | to the rubbish or recycling bins.
        
               | hammock wrote:
               | You seem to be speaking only from the perspective of
               | Costco, which may be true. But there are many other
               | retailers like Walgreens who, even if they happen to be
               | buying their stock, force suppliers to buy it back if it
               | doesn't sell, which leads to an equivalent outcome. This
               | process has nothing to do with payment terms (net 30
               | etc).
               | 
               | I'm not making this up. There is an entire cottage
               | industry of "product rotators" who work on behalf of
               | suppliers to go into stores and "rotate" the product
               | that's closest to expiration to the front of the shelf,
               | because the supplier has to pay the retailer for any
               | product that expires before its sold.
        
               | srtjstjsj wrote:
               | Ohhh. I've always wondered who are these low-English-
               | speaking people with clipboards and scammers who seem to
               | be stock clerking at the store, but when I ask a question
               | they say "I don't work here".
        
               | sib wrote:
               | Perhaps, but Walmart (and many other retailers) do not
               | pre-buy all the products that they sell.
        
               | notatoad wrote:
               | do you have a source for that? because my understanding
               | (from my time working in that industry) is that
               | everything is sold in exactly the fashion that the parent
               | describes - wal-mart purchases from suppliers and sells
               | to customers. they purchase a lot on credit, but no
               | supplier is giving wal-mart terms like "just hold this in
               | inventory for as long as you want and pay us whenever it
               | sells"
        
               | HenryBemis wrote:
               | I've watched plenty of Shark Tank episodes to learn/know
               | that yes many retailers don't buy from you. They let you
               | sell in their space, and after they get a hefty cut, they
               | give you your share. And if it doesn't sell, you get it
               | all back. To enhance the blackmail, they ask up front
               | money's for a "better position in the shelves".
        
               | [deleted]
        
             | refurb wrote:
             | They have house branded products that they "manufacture".
        
               | notatoad wrote:
               | yes, but the point is that a store and a marketplace are
               | different things. if you run a store that stocks some
               | things that you make, and some things made by other
               | people, like most retail operates, then these rules
               | wouldn't apply to you. if you want to buy products from
               | suppliers and put them on the shelf beside your own-brand
               | products and sell them both, that's fine.
               | 
               | we're only talking about a situation where the entity
               | running the marketplace is not the seller - they're
               | merely the facilitator between buyers and sellers. If you
               | want to run a business where you rent a space on the
               | shelf to some other seller, and your business is bigger
               | than $25bn, these rules would prohibit you from also
               | placing your own products on the shelves beside the
               | shelves you've rented out.
        
         | scarface74 wrote:
         | Does that also mean that Nintendo and the other console makers
         | can't produce first party games? Does Roku have to get rid of
         | the Roku Channel? Can Epic no longer release Fortnite on its
         | own platform?
        
           | jedberg wrote:
           | Her specific plan had a lower bound of 25 billion in revenue.
        
             | zepto wrote:
             | Her plan is basically a way to dethrone the very largest
             | companies, while allowing the next tier down to engage in
             | the exact same behavior.
             | 
             | I.e. it targets the most successful companies, but does
             | nothing for new entrants who are struggling against the
             | market power of multi-billion dollar corporations.
             | 
             | The plan prioritizes the needs of capital over either
             | efficient management or innovation.
             | 
             | It's a great way to guarantee the worst aspects of
             | capitalism while eliminating its benefits.
             | 
             | From what I hear, she was handed this plan by strategists
             | who hoped it would have populist appeal.
        
               | TeaDrunk wrote:
               | I don't understand what's being said here. I think what's
               | confusing to me is that this post appears to express that
               | dethroning the very largest companies isn't prioritizing
               | efficient management or innovation. I would think
               | regularly churning incumbents at the very minimum
               | prioritizes innovation.
        
               | zepto wrote:
               | No innovation needed.
               | 
               | If you ban the incumbent from using a business practice
               | that other still-big companies can use, those other
               | companies will just use that same practice to scale up to
               | the threshold size.
               | 
               | This is exactly the opposite of innovation.
               | 
               | Innovation would mean someone coming up with a new
               | business of some kind that could actually displace the
               | incumbent on its merits.
        
               | Dylan16807 wrote:
               | A soft cap on company size is at worst orthogonal to
               | innovation, not "the opposite".
        
               | Dylan16807 wrote:
               | I don't really understand your thinking.
               | 
               | Why do you think dethroning the largest companies does
               | "nothing" for new entrants? What do you think would help
               | new entrants?
               | 
               | And why do you think dethroning companies won't have
               | benefits? If nobody has a throne, then you improve
               | competition. This increases the benefits of capitalism,
               | while diminishing the bad effects of a company taking
               | over the market. _How_ could this  "guarantee the worst
               | aspects"??
        
             | scarface74 wrote:
             | Microsoft and Sony both have more than $25 billion in
             | revenue. What happens when a company gets above $25 billion
             | in revenue? Do they have to divest?
             | 
             | Also, that means that none of the cloud providers could
             | have a marketplace where they sell third party solutions.
             | ElasticCo, Mongo, and plenty of the open source companies
             | sell software through the marketplaces of all three cloud
             | providers. Would that be disallowed to?
             | 
             | Do you think any of those companies that sell through the
             | cloud provider's marketplace would like that outcome?
        
               | jedberg wrote:
               | > Microsoft and Sony both have more than $25 billion in
               | revenue. What happens when a company gets above $25
               | billion in revenue? Do they have to divest?
               | 
               | That is the expected outcome, yes. That the spin off
               | their marketplace business as a separate entity.
               | 
               | > Also, that means that none of the cloud providers could
               | have a marketplace where they sell third party solutions.
               | ElasticCo, Mongo, and plenty of the open source companies
               | sell software through the marketplaces of all three cloud
               | providers. Would that be disallowed to? Do you think any
               | of those companies that sell through the cloud provider's
               | marketplace would like that outcome?
               | 
               | They would probably be ecstatic. Those marketplaces would
               | either be spun out or be replaced by a third party
               | market, that would have an incentive to feature their
               | products above the cloud provider's own products if those
               | products brought more money to the marketplace.
        
               | scarface74 wrote:
               | No they wouldn't be. (Standard disclaimer I'm a
               | consultant at AWS but far removed from the sales side).
               | 
               | I've been a dev lead for a non software company. I was
               | trying to get training for my team on AWS. I had to go
               | through all sorts of issues and approvals and POs and
               | making sure that they are an approved vendor.
               | 
               | Then I just said forget it. AWS was already an approved
               | vendor. I signed everyone up for an ACloudGuru account
               | through the marketplace using the authority I already
               | had.
               | 
               | I needed an intrusion detection and intrusion prevention
               | system. Again, I just went to the marketplace and bought
               | something through the marketplace.
               | 
               | You think it's hard to get consumers to use third party
               | app stores. You have never been through a corporate
               | procurement process.
               | 
               | Besides the marketplaces basically let you search the
               | AMIs that AWS offers alongside third party AMIs. No
               | company is going to trust random third party
               | marketplaces.
               | 
               | I assure that every company on the marketplace wants to
               | be on the same bill as your AWS bill. Half the reason
               | departments go to the cloud is to get away from the gate
               | keepers. Once you get approval from the powers that be to
               | use AWS, it's much easier to buy off of the marketplace.
        
               | jedberg wrote:
               | I've been through many corporate procurement processes,
               | so I understand where you're coming from.
               | 
               | But I disagree. First off, if Amazon couldn't offer their
               | marketplace, if it were profitable, they would spin it
               | off.
               | 
               | Secondly, they would almost certainly work out a co-
               | billing deal, where approved marketplaces could bill
               | through AWS, because they too know about the value of
               | being already approved. It would also be a way for them
               | to keep making money off of a marketplace if they
               | couldn't run one anymore.
               | 
               | My point is, if AWS could not run their own marketplace,
               | I'm sure solutions would come up to enable a 3rd party to
               | work as smoothly as possible.
        
               | scarface74 wrote:
               | If those marketplaces "billed" through Amazon what is the
               | practical difference? Amazon still gets a cut and now you
               | have _two_ middlemen trying to make a profit.
               | 
               | Also, wouldn't AWS open itself up to more liability if it
               | had no approval process for individual vendors?
               | 
               | I thought the purpose of the internet was to reduce the
               | number of middlemen?
        
               | jedberg wrote:
               | In this world, Amazon gets an equal cut whether you buy
               | one of their offerings or a third party. It also starves
               | them of competitive data.
        
               | scarface74 wrote:
               | How would Amazon get an "equal cut"? Amazon makes money
               | on using their infrastructure. So now are you going to
               | also make AWS a dumb VPS and all of the 160+ services
               | sold on top of it a separate business? You realize that
               | there is tight integration between many of the services.
               | So will it benefit consumers if they lose that type of
               | integration? What about services that are not just "spin
               | up an EC2 instance and pay for an AMI" like S3, Lambda,
               | load balancers, etc?
               | 
               | If supposedly technologically literate people on HN can't
               | think through all of the negative repercussions, how do
               | you expect representatives in Congress - one of which
               | grilled Zuckerberg over _Twitter's_ policies to do so?
               | 
               | Why not just get rid of this whole capitalism thing and
               | let the state run everything with "5 Year Plans"?
        
           | cwmma wrote:
           | at least with roku we're already seeing that conflict of
           | interest with them trying to use their position to leverage
           | more money out of HBO Max
        
             | scarface74 wrote:
             | Ironically, Apple is the most open streaming platform.
             | 
             | - you can pay for a subscription off site
             | 
             | - any app can integrate with the TV app. If you search for
             | a movie/tv show and it is available for purchase from Apple
             | or via a subscription that you already have, it will show
             | you your free options first.
        
         | gnicholas wrote:
         | So how would this rule apply to the Apple App Store, for
         | example? Presumably it wouldn't prevent them from making free
         | stock apps like Mail, Safari, and Maps, right? Would they still
         | be allowed to offer these apps, so long as they are free and
         | are not privileged over third-party apps?
         | 
         | Or would Apple be prevented from offering any apps whatsoever?
         | I would think a rule like this would be bad for consumers, and
         | would also lead Apple to draw different lines between what is
         | an app and what is a built in OS functionality (i.e., migrate
         | app functionality into the OS itself, in order to avoid the
         | rule).
        
           | jedberg wrote:
           | Imagine a world in which only third party app stores are
           | allowed on iPhone. Now imagine Apple having to compete with
           | all the other Maps, Mail, and Web Browsers.
           | 
           | Do you think their native apps would be chosen over the
           | others in a fair competition?
        
       | altdatathrow wrote:
       | It'd be nice if they restricted sponsored ads from all the
       | fraudulent third-party sellers.
        
         | darksaints wrote:
         | For that to happen, they'd have to identify the third party
         | sellers that are fraudulent, and for that to happen, they'd
         | have to care.
        
       | julianozen wrote:
       | Worth mentioning that Amazon does not allow brands to restrict
       | keywords. I.e. Birkenstock knockoffs can buy keywords on the term
       | "Birkenstocks" even though Birkenstocks are not on Amazon
       | officially.
       | 
       | This strategy is used to essentially force companies to bid
       | against their competitors on their own branding. By Amazon
       | restricting "Alexa" and similar, it is protecting itself against
       | such abuse but it implicitly forces its sellers into this race
       | 
       | disclosure: I am a former amazon employee who did not work on
       | marketplace at all
        
         | dubcanada wrote:
         | Not to take away from your point, as it's a very good one. But
         | "Birkenstocks" from Germany are on Amazon.
         | 
         | https://www.amazon.com/Birkenstock-Unisex-Arizona-Sandal-Bir...
         | 
         | For example
        
           | julianozen wrote:
           | Interesting. I remember Birkenstock's very publicaly left
           | amazon a few years ago over this problem. Perhaps that was
           | only in the US or perhaps they reached an agreement of some
           | kind with amazon
        
           | ce4 wrote:
           | It's not sold by official Birkenstock, so it's either grey
           | market or knockoffs from what I know. Birkenstock had
           | withdrawn their official seller presence from Amazon a few
           | years ago due to commingled counterfeit products and Amazon's
           | unwillingness to fix it.
        
           | Ensorceled wrote:
           | Well, to add to his point, the reviews say these are cheap
           | knockoffs and, if you search for just birkenstock, the first
           | item is a competitor, LAVAU ...
        
             | srtjstjsj wrote:
             | The few bad reviews might be due to commingled counterfeit
             | inventory
        
               | samatman wrote:
               | Try and use the word "counterfeit" in an Amazon review:
               | it will be automatically rejected.
               | 
               | That indicates a totally unacceptable level of complicity
               | on Amazon's part, and I hope they face criminal sanctions
               | for it. But I'm not holding my breath.
        
               | dralley wrote:
               | Which is yet another thing that they need to be taken to
               | task for. No other mass retailer has such loosely managed
               | supply chains.
        
             | dubcanada wrote:
             | Oh... I double checked and through it said they were legit
             | and came from Germany.
             | 
             | I stand corrected lol
             | 
             | How is that even allowed? 18,000 reviews? They honestly
             | look completely legit.
        
               | Ensorceled wrote:
               | Yeah, it's all down the rabbit hole. If your handle is an
               | indicator, checkout amazon.ca, it is worse.
        
       | fataliss wrote:
       | Funny how corporations are ok to regulate the heck out of their
       | "open platforms" but people see the government enforcing fair(er)
       | trade as anti capitalistic and freedom slashing. Is it just me or
       | that's cognitive dissonance? That said, it's a dicey subject,
       | what's fair and what's not.
        
       | p49k wrote:
       | Amazon outright banned the sale of Apple TV and Chromecast on
       | Amazon's marketplace for years, until Google/Apple agreed to
       | include Prime Video. Amazon faced zero consequences. This isn't
       | new behavior.
        
         | scarface74 wrote:
         | Apple never banned "Amazon Prime". Apple wanted Amazon Prime
         | from day one. Why wouldn't Apple want Amazon Prime on Apple
         | TV's when it already existed on iOS devices ?
        
           | p49k wrote:
           | I didn't say Apple banned anything? What I'm referring to
           | happened in 2015.
           | 
           | https://www.bloomberg.com/news/articles/2015-10-01/amazon-
           | wi...
        
             | wmeredith wrote:
             | > until Google/Apple agreed to include Prime Video
             | 
             | Your phrasing definitely implies that had disagreed to
             | include Prime at some point.
        
             | scarface74 wrote:
             | You still made it sound as if Apple and Google didn't
             | "allow" Amazon Prime on their devices. Amazon wouldn't ship
             | Prime Video on their devices.
        
       | tyingq wrote:
       | If I'm reading it right, the restriction is that 3rd parties
       | can't buy branded Amazon keywords like "Alexa". I imagine that
       | might come back to bite them if that policy doesn't apply to
       | other brands. They also have some brands that are problematic,
       | because the brands have really generic names like "Ring".
       | 
       | And this just sounds really unwise: _" Roku Inc., which makes
       | devices that stream content to TVs, can't even buy such Amazon
       | ads tied to its own products"_
        
         | giancarlostoro wrote:
         | > And this just sounds really unwise: "Roku Inc., which makes
         | devices that stream content to TVs, can't even buy such Amazon
         | ads tied to its own products"
         | 
         | To everyone wondering how it's an antitrust issue, I think this
         | quote right here hit the nail on the head.
         | 
         | Edit: On the other hand, I just looked up Roku and it's all
         | Roku devices, I guess as long as I don't see an Amazon product
         | on that first page that's fine. It's still weird you can't buy
         | ads for your own product's very name though.
         | 
         | I can't read the full article due to paywall unfortunately, but
         | if they didn't do a more thorough investigation I think someone
         | might just have to, to make sure Amazon's not putting their own
         | ads where they don't allow competitors to buy ads for products
         | they don't actually own themselves like Roku, if they aren't
         | then maybe they're just trying to protect the results given
         | back.
        
           | Closi wrote:
           | Interestingly, if you search "Smart Speaker" though it's
           | wholly dominated by Alexa and Alexa-compatible devices.
           | 
           | "Smart Speaker Google" also lists just Amazon Echo devices.
           | 
           | "Google Speaker" just comes back with accessories, and then
           | has a 'recommended product' which is the Echo Dot.
           | 
           | "Google Home" comes up with the echo dot as a recommended
           | product...
           | 
           | Typing in "Google Home Hub" actually brings up the google
           | home hub! Immediately followed by 5 alexa devices...
        
             | r00fus wrote:
             | This is why I've essentially stopped using Amazon. I can't
             | trust their search, I don't want in on Alexa ecosystem (No
             | creepy always-on devices in house), and prices are better
             | elsewhere or generally equal.
             | 
             | About the only saving grace of Amazon is shipping speed,
             | but even then it's almost easier to pop over to a Target
             | etc. So I always check local stores via their app.
             | 
             | I was worried last year about Amazon-geddon, but I think
             | most other stores have caught on and upped their game.
        
             | pcdoodle wrote:
             | Google is getting a taste of their own medicine in search.
             | I wish shopify would do something to compete with
             | integrated payments, returns, etc (Opt-in for sellers of
             | course).
        
               | giancarlostoro wrote:
               | It's funny cause I've looked up Android Tablets in the
               | past and gotten Amazon's which I think is a little
               | misleading since technically you're not getting Android
               | proper. Not that their tablets aren't just as functional,
               | but it might trip up someone who doesn't know any better.
        
               | jdmichal wrote:
               | Do you mean you're not getting pure AOSP Android or
               | Google Play Android? Because you're certainly getting a
               | device running the Android operating system...
        
               | giancarlostoro wrote:
               | The former is what most people want and expect when
               | looking for Android.
        
               | jdmichal wrote:
               | I have no idea how you determine that. I suspect most
               | have no idea what AOSP Android even looks like. Almost
               | every manufacturer has a custom UI layer. AFAIK Google's
               | Pixel phones and the Nokia Android One phones are the
               | only ones offering something like a "stock AOSP + Google
               | Play" experience.
        
               | oefrha wrote:
               | > Not that their tablets aren't just as functional
               | 
               | Their tablets certainly aren't as functional when it
               | comes to the selection of apps available, unless you jump
               | through weird, unsupported, highly fishy hoops to install
               | Google Play on them.
        
               | baskire wrote:
               | There is no android proper. There's google play services
               | and the android os.
               | 
               | The fire tablet is using the android os
        
               | bagacrap wrote:
               | I just typed "Alexa" into Google search, and I got:
               | 
               | 1. a shopping carousel entirely full of echo products
               | (2nd card is on Amazon.com) 2. a paid ad from Amazon 3.
               | several videos about echo products 4. q&a about Alexa
               | rest of page: more Alexa related results
               | 
               | So, to your point, no, Google does not do anything like
               | this.
        
           | unishark wrote:
           | Can't read it either, but my first guess from the parent
           | comment's quotes was that the story was saying competitors
           | can't:
           | 
           | 1. buy ads for amazon product-name keywords to compete with
           | amazon by also selling amazon products.
           | 
           | 2. buy ads for amazon product-name keywords to compete with
           | amazon by selling one's own non-amazon products.
        
           | [deleted]
        
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