[HN Gopher] States bring action against Google under federal and...
       ___________________________________________________________________
        
       States bring action against Google under federal and state
       antitrust laws [pdf]
        
       Author : pondsider
       Score  : 116 points
       Date   : 2020-12-16 21:10 UTC (1 hours ago)
        
 (HTM) web link (www.texasattorneygeneral.gov)
 (TXT) w3m dump (www.texasattorneygeneral.gov)
        
       | Despegar wrote:
       | The most interesting thing is the allegation of coordination
       | between Google and Facebook on page 5, paragraph 12.
        
         | jml7c5 wrote:
         | The potentially interesting part seems to be redacted? What is
         | under that black box could be anything from incredible to
         | mundane.
        
         | three_seagrass wrote:
         | Google collaborates with many of the FAANGs - like Apple and
         | the contact tracing APIs - so I'm really curious what made the
         | cut here with Facebook.
        
           | nl wrote:
           | Did you read the paragraph posted?
           | 
           | It's pretty clear (in the context of a monopoly complaint):
           | 
           |  _In March2017, Google's largest Big Tech rival, Facebook,
           | announced that it would throw its weight behind header
           | bidding. Like Google, Facebook brought millions of
           | advertisers on board to reach the users on its social
           | network. In light of Facebook's deep knowledge of its users,
           | Facebook could use header bidding to operate an electronic
           | marketplace for online ads in competition with Google.
           | Facebook's marketplace for online ads is known as "Facebook
           | Audience Network" or FAN. Google understood the severity of
           | the threat to its position if Facebook were to enter the
           | market and support header bidding. To diffuse this threat,
           | Google made overtures to Facebook. Internal Facebook
           | communications reveal that [redacted]_
           | 
           | and
           | 
           |  _In the end, Facebook curtailed its involvement with header
           | bidding in return for Google giving Facebook information,
           | speed, and other advantages in the auctions that Google runs
           | for publishers' mobile app advertising inventory each month
           | in the United States. In these auctions, Facebook and Google
           | compete head-to-head as bidders... [snip].. The parties agree
           | on for how often Facebook would [redacted] publishers'
           | auctions--literally manipulating the auction with [redacted]
           | for how often Facebook would bid and win._
        
             | three_seagrass wrote:
             | Nope, I missed that part. That definitely seems like bid
             | rigging collusion if true.
        
         | switch11 wrote:
         | that is super interesting
         | 
         | Waiting for when they realize there is a silent agreement
         | between Amazon + Google + Facebook
         | 
         | and that they do coordinated attacks against their rivals
         | 
         | and also against any company that is growing quickly
        
       | dang wrote:
       | Related: https://www.nytimes.com/2020/12/16/technology/google-
       | monopol... (via https://news.ycombinator.com/item?id=25448786,
       | but no comments there)
        
         | hardtke wrote:
         | The subtitle of the New York Times article is misleading if not
         | flat out wrong: "The suit focuses on the advertisements that
         | generate a vast majority of the company's profits." The
         | DoubleClick ad exchange most certainly does not generate the
         | vast majority of the the company's profits. Search ads are
         | completely independent of this lawsuit.
        
           | nl wrote:
           | In the context of the article (which also talks about the
           | other separate case brought against Google) the fact that
           | this goes after advertising - which does "generate the vast
           | majority of the company's profits" is accurate in the
           | emphasis on Google's income. The fact that it only goes after
           | one part doesn't make that untrue or misleading.
        
       | vmception wrote:
       | Regulate data brokers like commodities brokers.
       | 
       | Easy peasy. Put them under CFTC jurisdiction.
       | 
       | Series 3 NFA exams for everyone. The spot market keep limited
       | oversight, the future value of data markets get complete
       | oversight.
        
         | satellite2 wrote:
         | The issue is that those are future contracts that expire in a
         | few milliseconds, so by definition they are almost totally
         | illiquid.
         | 
         | At the same time you cannot really force more time for the
         | auction as users often spend less than a second in front of an
         | ad screen. So you effectively have only a few milliseconds to
         | sell them, otherwise you would have sold an already perished
         | product...
         | 
         | So I'm not sure the existing regulations regarding future
         | contracts could effectively regulate this market.
        
         | paxys wrote:
         | None of this makes any sense. What even is a "data broker"? And
         | how will taking a random exam help?
        
       | Andrex wrote:
       | > 16. Having reached its monopoly position, Google now uses its
       | immense market power to extract a very high tax of [redacted]
       | percent of the ad dollars otherwise flowing to the countless
       | online publishers and content producers like online newspapers,
       | cooking websites, and blogs who survive by selling advertisements
       | on their websites and apps. These costs invariably are passed
       | onto the advertisers themselves and then to American consumers.
       | The monopoly tax Google imposes on American businesses--
       | advertisers like clothing brands, restaurants, and realtors--is a
       | tax that is ultimately borne by American consumers through higher
       | prices and lower quality on the goods, services, and information
       | those businesses provide. Every American suffers when Google
       | imposes its monopoly pricing on the sale of targeted advertising.
       | 
       | Seems like a KO punch under the Sherman Act.
        
       | newbie578 wrote:
       | Interesting, would really like to know what the ideal government
       | solution would look like?
       | 
       | Also, if Facebook and Google are charge with antitrust, I expect
       | Apple and Amazon to follow suit..
        
       | paxys wrote:
       | FWIW, several states declined to participate in the lawsuit since
       | the Texas AG is involved in pretty major corruption and bribery
       | scandals. He is allegedly among those in line to get pardoned by
       | Trump before he leaves office. He also was the one who filed the
       | recent Supreme Court challenge to throw out votes from 4 swing
       | states.
       | 
       | https://www.texastribune.org/2020/10/05/texas-ken-paxton-bri...
        
       | mikysco wrote:
       | This complaint (and all anti-trust) simply comes down to how the
       | legal body defines the market and to what extent Google dominates
       | said market, no? It'll be interesting to watch this work through
       | the system.
        
       | llacb47 wrote:
       | So many redactions
        
       | malchow wrote:
       | As someone who held numerous briefings helping to put this case
       | together, I think it is extremely strong -- in fact, it will be
       | difficult to imagine a cognizable defense. My congratulations to
       | the several states who joined together to delve deep into those
       | deleterious actions in the ad market which have so harmed the
       | open internet.
        
         | jeffbee wrote:
         | This comment does not exactly refute the meme that the suit is
         | part of a vast right-wing conspiracy against Google.
        
           | ForHackernews wrote:
           | Even a blind squirrel finds a nut occasionally. Google is big
           | enough and manipulative enough to have fully earned its
           | enemies on both sides of the political aisle.
        
           | justicezyx wrote:
           | Given the merits of the case itself, and it's long term
           | importance and short-term impact, I think the inclination to
           | drag the discussion into political debate is not useful
        
           | moosey wrote:
           | The problem with the colloquial 'conspiracy' (as opposed to
           | the standard legal definition of people working together
           | towards a generally nefarious goal), is that they are
           | impossible to disprove, for the most part. Evidence to the
           | contrary is disregarded, and the lack of supporting evidence
           | is used as additional evidence ('the real evidence is being
           | hidden by those in power').
           | 
           | What I see in these documents, and based on responses, is
           | that the case is strong. I do see that it is from states that
           | disagree with me philosophically and politically. This
           | information is irrelevant and is categorization error and
           | outgroup bias; the same things that I would request my
           | current political opposition to give up, without success.
           | 
           | If we all suffer from these cognitive illusions and refuse to
           | abandon them, then we cannot grow as a society or a people;
           | we can never have a shared understanding because the
           | experiences I am basing decisions on are not a real.
           | 
           | Discussing a "Vast right-wing conspiracy against Google"
           | might be falsifiable with perfect information, but what
           | percentage of 'right wing' conspirators must there be before
           | it is determined true? How many 'right-wing' members - of
           | which there are at least 74M - would I have to poll to find
           | out if the conspiracy is vast?
           | 
           | I don't deny that we are in an [mis]information war, but the
           | boundaries of that are much better known and are often
           | discussed by security experts.
        
         | grecy wrote:
         | ... and what are the potential consequences for google? I slap
         | on the wrist and a fine that is 0.01% of the amount of profit
         | they made from all this?
        
       | [deleted]
        
       | barney54 wrote:
       | I like to hear from a legal expert if Texas' arguments here are
       | any better than in their recent election lawsuit.
        
         | dang wrote:
         | " _Eschew flamebait. Don 't introduce flamewar topics unless
         | you have something genuinely new to say. Avoid unrelated
         | controversies and generic tangents._"
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
           | jeffbee wrote:
           | How is that unrelated? The lead AG in this suit filed a
           | different suit less than a week ago with some incredibly
           | spurious reasoning, including that the president-elect of the
           | USA stood only a 1-per-1000000000000000 chance of having won
           | the election fairly.
        
         | hexsprite wrote:
         | Their election lawsuit was never heard on it's merits, so your
         | comment doesn't really apply.
        
           | dimator wrote:
           | I don't understand your comment. Did the SCOTUS not read the
           | whole thing before passing on it?
        
             | mankyd wrote:
             | Whether they read it or not, they didn't comment on its
             | merits, but rather said plainly that Texas doesn't have
             | standing. That is to say, something may be amiss, but Texas
             | can't be the one to sue over it.
             | 
             | It's like if something went missing in your house, and your
             | neighbor decides to sue because they think a thief stole
             | your stuff and you didn't do a good enough job
             | investigating.
        
               | asdfasgasdgasdg wrote:
               | Wouldn't the lack of standing be an aspect of the merits
               | of the suit? In any case, the supreme court isn't the
               | sole judge of the merits of a case, they are just the
               | arbiters of the outcome.
        
               | CobrastanJorji wrote:
               | In English, yes. However, "on the merits" is a term of
               | art that explicitly excludes procedural matters like "can
               | you even bring this case" or "did you file on time."
               | Standing is a procedural issue.
               | 
               | So while the suit was thrown out for being obviously
               | faulty, it did not fail "on its merits." Mind you, that
               | does not make the objection sensible. If I write "they
               | are bad because they are a poopy face" in crayon, and
               | then I don't pay my filing fees and the case is thrown
               | out for that reason, I am technically correct that my
               | case was not heard on its merits, but that doesn't make
               | it a good point.
        
               | colonelanguz wrote:
               | Standing and merits are both terms of art. Merits
               | essentially means whether one side wins or not. Standing
               | OTOH is a preliminary matter like jurisdiction. If the
               | court lacks jurisdiction over the defendant or the
               | subject matter of the dispute, they kick the case on
               | jurisdiction without reaching the merits. If the
               | plaintiff doesn't have standing, they kick the case on
               | standing without reaching the merits.
               | 
               | Your confusion is 100% reasonable because there is
               | _conceptual_ overlap between standing and "who wins." For
               | example, one aspect of standing is "injury-in-fact." That
               | means "you suffered a harm recognized by the legal
               | system." If the court says no standing because no injury-
               | in-fact, to a layperson that's similar to saying "stop
               | crying, go home." Which sounds a lot like saying "you
               | lose the case."
        
               | jeffreyrogers wrote:
               | The case went to the Supreme Court. It wasn't tried in
               | any lower courts because cases between states have
               | original jurisdiction in the Supreme Court.
               | 
               | The Supreme Court can reject a case for lack of standing
               | (the plaintiff does not have the right to sue the
               | defendant) or for lack of merit (the lawsuit is obviously
               | frivolous). They can also reject it if they think the
               | lower court ruled correctly, but that doesn't apply here.
        
               | joshuamorton wrote:
               | > Whether they read it or not, they didn't comment on its
               | merits, but rather said plainly that Texas doesn't have
               | standing. That is to say, something may be amiss, but
               | Texas can't be the one to sue over it.
               | 
               | Sort of. Thomas and Alito said that they would hear the
               | case, but wouldn't grant any of the requested relief.
               | This still technically doesn't comment on the merits (the
               | relief requested was not really grantable), but its more
               | than just Texas can't sue over it, even if they could the
               | things they were asking for couldn't be done.
        
           | cure wrote:
           | Well... let's say the reputation of the Texas AG is more than
           | a little stained by that stunt. I think the skepticism is
           | well deserved.
        
             | TameAntelope wrote:
             | Texas, Arkansas, Indiana, Mississippi, North Dakota, South
             | Dakota, and Utah also signed the effort to overturn the
             | election results of Georgia, Michigan, Pennsylvania and
             | Wisconsin (who are all absent from this action).
             | 
             | The overlap is interesting, IMO.
        
             | jacobolus wrote:
             | The AG of Texas is an indicted fraudster whose deputies
             | keep quitting as whistleblowers alleging further crimes,
             | and the FBI is investigating him for bribery.
             | 
             | The election stunt is a pretty obvious play for a pardon
             | from Trump.
        
               | whammywon wrote:
               | Can pardons be given prior to conviction?
               | 
               | Edit: According to NBC News, POTUS can pre-emptively
               | issue a pardon.
               | 
               | [0] - https://www.nbcnews.com/politics/donald-
               | trump/could-trump-pa...
        
             | whammywon wrote:
             | Maybe so, but I wouldn't be surprised if it earned him
             | brownie points from fervent Trump supporters. It may even
             | get him re-elected by those supporters, assuming he isn't
             | indicted...
        
               | jeffbee wrote:
               | You mean indicted again? He's been indicted on five
               | counts of felony securities fraud for five years and is
               | still being prosecuted.
        
               | whammywon wrote:
               | Ah I didn't know that he's already currently under
               | indictment. Today I learned...
               | 
               | But yes, if he has something that he can point to when
               | re-election time comes around and say "Look, I tried to
               | help Trump out" then it will probably guarantee him
               | votes.
               | 
               | I'm a Texas resident and didn't know he had already been
               | indicted. But I tend to vote Libertarian for local and
               | state positions so I didn't really look too much into his
               | background.
        
           | spdustin wrote:
           | I know you're writing about the Texas lawsuit, but that suit
           | was tangentially related to, among others, the lawsuit in
           | Wisconsin, which made similar allegations that state laws
           | were not being followed.
           | 
           | Generously, that lawsuit in Wisconsin _was_ heard on its
           | merits [0]. It was dismissed with prejudice.
           | 
           | The Federal judge that issued the ruling--a Trump appointee--
           | said: "This is an _extraordinary_ case. A sitting president
           | who did not prevail in his bid for reelection has asked for
           | federal court help in setting aside the popular vote based on
           | disputed issues of election administration, issues he plainly
           | could have raised before the vote occurred. This Court has
           | allowed plaintiff the chance to make his case and he has lost
           | on the merits. In his reply brief, plaintiff "asks that the
           | Rule of Law be followed." (Pl. Br., ECF No. 109.) It has
           | been. "
           | 
           | [0]: https://assets.documentcloud.org/documents/20423518/trum
           | p_ca...
        
           | wavefunction wrote:
           | The argument was literally that the State of Texas has an
           | interest in the elections of other states and was rejected on
           | a lack of standing which is an emphatic "No" to the argument.
        
             | jeffreyrogers wrote:
             | Standing is not merits. These are legal terms that have
             | legal definitions.
        
               | asdfasgasdgasdg wrote:
               | Perhaps not in formal legal parlance, but if the top
               | commenter was asking about merits in the common
               | understanding of the term (which stands to reason given
               | they are a non-lawyer) then standing is definitely an
               | aspect of the merits of a case.
        
               | jeffreyrogers wrote:
               | "Heard on its merits" is a legal phrase as well. I think
               | hexsprite knew exactly what they were trying to say.
        
         | StillBored wrote:
         | As a Texan this is really what upsets me more about these fake
         | lawsuits that Texas keeps tossing out, mostly to make political
         | statements. The election suit is hardly the first. Someone
         | appears to have discovered that the state can't be censured or
         | have its legal license revoked. So they are making a mockery of
         | the actual legal power of the state.
         | 
         | But of course anyone who digs into the jurisdictional games the
         | Texas AG has been playing to avoid criminal prosecution
         | wouldn't be surprised at this behavior.
        
       | tick_tock_tick wrote:
       | Here we go I figured after the FTC filed against facebook Google
       | had to be right around the corner. It is interesting that it's
       | almost all conservative state filing maybe they want to avoid
       | issues with the DNC and it's close relationship with Google?
        
         | refulgentis wrote:
         | This was announced a month or two back, complaint came out
         | today, TL;DR the case theory is weak and perceived as rushed so
         | many, many, states didn't opt-in and are working on their own
         | action
         | 
         | (side note: winks at politically-based conspiracies aren't
         | something I'm used to seeing on HN, it beggers belief that
         | you'd have 36 states, mixed politically, agree to collude in
         | favor of the _checks notes_ DNC because _checks notes_ Google
         | 's ex-CEO got involved in politics work _checks notes_ after he
         | exited)
        
           | nl wrote:
           | The complaint a few months ago was different to this one.
           | 
           | That one was pretty weak (IMHO), but this one seems narrower
           | focused and much stronger.
        
           | shemnon42 wrote:
           | Not quite after he exited. It was while he was Chairman of
           | the Board, and in at least one instance he used his Google
           | email to engage in political work that would get any other
           | Googler sanctioned, but got a pass because he's Eric Schmidt.
           | Had he used personal emails in all cases it would have been
           | ok per corporate rule.
           | 
           | The rest of your claims are indeed tin-foil hat worthy.
        
         | brandmeyer wrote:
         | Simpler explanation: political relations have severely broken
         | down all over the country. Maybe the (R) attorneys general and
         | their offices just couldn't get along well enough with the (D)s
         | to file anything together.
        
       | jagged-chisel wrote:
       | Texas, Arkansas, Idaho, Indiana, Kentucky, Mississippi, Missouri,
       | North Dakota, South Dakota, and Utah
       | 
       | vs. Google
       | 
       | And the crux of the complaint seems to be:
       | 
       | "As internal Google documents reveal, Google sought to kill
       | competition and has done so through an array of exclusionary
       | tactics, including an unlawful agreement with Facebook, its
       | largest potential competitive threat, to manipulate advertising
       | auctions."
        
         | wnevets wrote:
         | is this the same texas ag that tried to overturn the election?
        
           | paxys wrote:
           | Yes. It was a stunt to get a pardon from Trump before he
           | leaves office, considering he is involved in several lawsuits
           | ranging from securities fraud to bribery.
        
         | adrr wrote:
         | Complaint is based on the Sherman act. Sherman act requires
         | harm to the end customer which be interesting to see how they
         | show a negative impact to the public. I have free email, web
         | browser, maps and other things paid for by google.
        
           | nl wrote:
           | The end customers for advertising are businesses.
           | 
           | The argument in the complaint is this (paragraph 16):
           | 
           |  _The monopoly tax Google imposes on American businesses--
           | advertisers like clothing brands, restaurants, and realtors--
           | is a tax that is ultimately borne by American consumers
           | through higher prices and lower quality on the goods,
           | services, and information those businesses provide. Every
           | American suffers when Google imposes its monopoly pricing on
           | the sale of targeted advertising._
        
           | reidjs wrote:
           | Could you make the argument that because it's nearly
           | impossible to compete with their free offerings, no other
           | company has a chance in that space?
        
             | jeffreyrogers wrote:
             | From what I've read, this is the direction some anti-trust
             | lawyers want the interpretation of the law to go in.
        
             | nl wrote:
             | Hopefully this doesn't work. That will cause enormous harm
             | to consumers, particularly as compute and bandwidth costs
             | continue to fall.
             | 
             | Free to consumers is generally a net good, since it gives
             | them access to things they wouldn't otherwise have.
        
           | cle wrote:
           | I thought this was a dead horse, but you are not the
           | customer.
        
           | godtoldmetodoit wrote:
           | The customer in the context of ad buys is every business
           | attempting to do online marketing. You are the product.
        
             | JumpCrisscross wrote:
             | > _customer in the context of ad buys is every business
             | attempting to do online marketing_
             | 
             | Courts interpreting SS 1 of the Sherman Antitrust Act have
             | generally used the term "consumer welfare," which sidesteps
             | this issue. (The original text makes no reference to this
             | concept.)
        
           | ballenf wrote:
           | The only service Google offers for free is showing ads.
           | Everything else is just the vehicle used to improve or
           | display those ads.
        
             | [deleted]
        
           | paxys wrote:
           | If they have helped the user through A, B, C, D and E, and
           | hurt them through F, you can still take them to task for F
           | specifically. The fact that they funded the rest from profits
           | gained through F isn't really a valid defense.
        
       | jeffbee wrote:
       | What's it going to take for governments to produce PDFs with
       | hyperlinked tables of contents?
        
         | azuriten wrote:
         | I don't think I've ever come across any legal document/lawsuit
         | or otherwise, that was formatted in a way that made it easy to
         | read.
         | 
         | I know it's on purpose like with Privacy Policies/Terms of
         | Service but I really want to read them and know what I'm
         | getting myself into. It's just that they do such a good job of
         | obfuscating everything with legalese. At least with Terms of
         | Service, there's a handy extension called "Terms of Service,
         | Didn't Read". https://tosdr.org/
        
           | stordoff wrote:
           | I've seen some miserable formatting in older contracts. I was
           | doubling-checking the documents for a house sale a few years
           | ago, and came across a sentence that was over half a page
           | long without _any_ punctuation. Even though I have a law
           | degree, it took me the best part of half an hour to be 100%
           | confident of the intended meaning and that I hadn't
           | overlooked something.
        
           | curiousllama wrote:
           | Legalese is a technical language. As far as I'm concerned,
           | it's as close to plain English as SQL: close at first glance,
           | but actully quite distinct.
        
         | [deleted]
        
         | ortusdux wrote:
         | Tax money. You get what you pay for.
        
         | [deleted]
        
       | MrStonedOne wrote:
       | >211. Google falsely told publishers that adopting AMP would
       | enhance load times, but Google employees knew that AMP only
       | improves the [redacted] and AMP pages can actually [redacted]
       | [redacted] [redacted]. In other words, the ostensible benefits of
       | faster load times for cached AMP version of webpages were not
       | true for publishers that designed their web pages for speed. Some
       | publishers did not adopt AMP because they knew their pages
       | actually loaded faster than AMP pages.
       | 
       | Vindication for everybody pointing out that amp pages don't
       | actually load faster, they were just incompatible with things
       | that commonly made sites load slower.
       | 
       | >212. Google also [redacted] _of non-AMP ads by giving them
       | artificial one second delays_ in order to give Google AMP a
       | [redacted] [redacted] slows down header bidding, which Google
       | uses to turn around and denigrate header bidding for being too
       | slow.
       | 
       | Seems damning. (emphasis mine)
       | 
       | Wonder what all the redacted is.
       | 
       | Also glad to see that google's preferring of amp sites in
       | searches is going to get them in trouble, as that was basically
       | the primary complaint I had with it. AMP pages would show up in
       | searches for dynamic content, despite its restriction of static
       | pages
        
         | scarmig wrote:
         | Entirely aside from the merits, I'd be so happy if this lawsuit
         | somehow resulted in the destruction of AMP.
        
         | tgsovlerkhgsel wrote:
         | > they were just incompatible with things that commonly made
         | sites load slower.
         | 
         | I always thought that was the entire point.
        
         | CivBase wrote:
         | This is the first I've heard of that one-second delay. That's
         | downright evil. Whoever is responsible for that should be
         | ashamed.
        
           | ForHackernews wrote:
           | I wonder how the team adding in that extra delay justified it
           | to themselves?
           | 
           | I always wonder this with things like the Volkswagen
           | emissions cheating - how do those engineers rationalise it?
        
             | blacksmith_tb wrote:
             | Well, working in ad-tech is pretty much bad from the get-
             | go, this just seems like more of the same to me. To be
             | fair, unlike VW diesels, it's also not directly damaging
             | anyone's health, but it's still a nasty business.
        
               | inetknght wrote:
               | > _it 's also not directly damaging anyone's health_
               | 
               | I completely disagree. Have you noticed how much targeted
               | advertising has sold out our world and affected peoples
               | ability to rationally think?
        
             | short_sells_poo wrote:
             | They justified it by earning very high salaries. Turned
             | around, it is very difficult for a person to see a problem,
             | if their salary depends on not seeing the problem.
        
           | jefftk wrote:
           | It looks to me like the design for this was
           | https://github.com/ampproject/amphtml/issues/3133
           | 
           | (Disclosure: I work on ads at Google, and I'm friends with
           | some of the people at the link)
        
             | three_seagrass wrote:
             | So tl;dr: Traditional HTML+JS ads have always needed an
             | extra second delay to load because of cross-domain UX
             | degredation, but because AMP is pre-caching pages, they're
             | able to pre-cache the ads too?
             | 
             | Is that what I'm reading?
        
               | asdfasgasdgasdg wrote:
               | I believe that the idea is that if the ad is amp, you can
               | be sure it will load fast and not impede the ux of the
               | page, whereas if it's html/js, you can't. It isn't about
               | whether it is cached or not.
        
           | mtgx wrote:
           | People are way too quick to defend Google around here - and
           | I'm saying that as a former Google _evangelist_.
           | 
           | Google does a LOT of crap like that these days. Most people
           | just aren't aware just how "evil" they've become, or prefer
           | to defend them with nonsensical arguments like "see, Google
           | still throws the Don't Be Evil motto somewhere at the very
           | end of their multi-page work of conduct document, so
           | technically they still believe in it!"
        
           | absolutelyrad wrote:
           | Name and shame every employee that contributed to these
           | things. Then break up Google.
        
             | redisman wrote:
             | What good do these witch hunts accomplish? Punish the
             | senior leadership that demanded this feature
        
               | absolutelyrad wrote:
               | If you don't speak up, you're complicit.
        
               | calcifer wrote:
               | > What good do these witch hunts accomplish? Punish the
               | senior leadership
               | 
               | I believe this line of thought and justification was
               | addressed for good in the Nuremberg Trials.
        
               | edgyquant wrote:
               | That is beyond hyperbole. These are people implementing a
               | caching feature not individuals leading human being into
               | death camps. A false equivalency seldom matched.
        
           | itsoktocry wrote:
           | > _Whoever is responsible for that should be ashamed._
           | 
           | Isn't it the CEO?
        
       | stefan_ wrote:
       | > Google also provided Facebook with a [...]. Google subjects
       | other marketplaces competing for publishers' inventory in Open
       | Bidding to 160 millisecond timeouts. Competitors have actively
       | complained that is not enough time to recognize users in auctions
       | and return bids before they are excluded. By comparison, Google
       | [...]. The longer timeouts granted by Google were presumably
       | designed to aid FAN win more auctions to abide by the spirit of
       | the agreement.
       | 
       | Not sure why these were redacted but it seems pretty clear what
       | happened. Is Google actually running the monopoly marketplace and
       | tilting the scales in its own favor? That seems like a knockout
       | right there.
        
         | sanxiyn wrote:
         | Note: quote above is paragraph 186.
         | 
         | Google started by giving Facebook longer timeout, but they went
         | further. Paragraph 194 says:
         | 
         | > The agreement allocated a portion of publishers' auction wins
         | to Facebook, subverting the free operation of supply and
         | demand.
         | 
         | Now wins are simply allocated to Facebook without competition.
        
       | xxpor wrote:
       | I can't read the pdf because for some reason it flashes every
       | second on whatever brave is using for pdf rendering.
       | 
       | Do they discuss why states have standing to sue for violations of
       | the Sherman act? Maybe this is a common thing but states trying
       | to enforce federal law in federal court seems strange.
        
         | redis_mlc wrote:
         | > Maybe this is a common thing but states trying to enforce
         | federal law in federal court seems strange
         | 
         | Any inter-state action would be in federal court. Think about
         | it for a minute ...
        
         | jerbs wrote:
         | It's fairly common in antitrust. Section 16 of the Clayton Act
         | [1] gives states power to bring federal antitrust suits on
         | behalf of their residents, and states will often bring both
         | federal antitrust claims and state antitrust/unfair and
         | deceptive trade practices claims in the same suit, as the
         | states here are doing. Incidentally, if you're interested in
         | the surprisingly expansive role of state attorneys general, the
         | National Association of Attorneys General has published a
         | fascinating (though pricy) book that goes into the common
         | powers of state AGs in more detail than anybody would want.[2]
         | The website for James Tierney's State AGs course at Columbia
         | also has a lot of interesting readings.[3]
         | 
         | [1] https://www.law.cornell.edu/uscode/text/15/15c [2]
         | https://www.naag.org/publication/state-attorneys-general-pow...
         | [3] https://www.stateag.org/syllabus-2020
        
       | gnz00 wrote:
       | It doesn't seem to touch on the most glaring abuse in my opinion,
       | which is the widgets on their search page that directly competes
       | with websites bidding for page ranking.
        
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