The Google ad tech trial started on Monday, with opening arguments and first witnesses. At the onset, it is clear that the government will struggle to prove Google’s alleged monopoly or that the company has engaged in anticompetitive behavior to obtain or maintain its market position. A backward-looking case In her opening statement, Google’s lead […]
This week, the trial of the Justice Department’s misguided antitrust lawsuit against Google’s digital advertising business (ad tech) starts. Like other antitrust cases that have gone to court in the last couple of years, this case is deeply flawed in several ways. Fundamentally, the DOJ’s arguments defy economic logic, ignore the realities of competition, and […]
Last week, Jim Cramer tackled the recent decision in the DOJ’s Google Search antitrust case on CNBC’s Squawk on the Street. Cramer brought up some important questions. Question 1: Why can’t a company “with a superior product” promote its product to make it easy for consumers to reach? Question 2: Why can’t a company charge […]
Google Search succeeds because of competition, not in spite of it. — As we’ve previously shown, Google Search is the leading search engine because the market thinks it’s the best option available. Last fall, then-Mozilla CEO Mitchell Baker testified that Mozilla chose Google as the default search engine because of its “miraculous” quality. She noted […]
The Federal Trade Commission (FTC) insists the agency’s approach to mergers is beneficial to entrepreneurs and startups by claiming that “98% of [the 3,000 yearly merger] deals… are going through.” However, the FTC deliberately increased the regulatory cost of filing those deals to chill mergers, and in doing so, likely breached its obligations under the […]
In April, the American Booksellers Association (ABA) filed a motion to join the FTC’s antitrust lawsuit against Amazon, arguing that Amazon lowers book prices beyond what booksellers can compete with. In a move that The Wall Street Journal called “curious,” the FTC recently asked the judge to deny the motion. The reason? The Association’s arguments […]
This afternoon, the California Law Revision Commission (CLRC) will continue its series of meetings to consider changes to the state’s antitrust laws. Today, our topic is the potential introduction of antitrust regulations specifically for certain technology companies. In a report submitted to the CLRC, a working group did not make a policy recommendation but discussed […]
In the wake of ongoing reviews of California’s state antitrust laws, new proposals aimed at fostering fairer competition have sparked significant backlash. Small business owners across the state are voicing concerns that these changes could inadvertently harm their operations by disrupting the digital tools they use. These proposals would undermine tried and true antitrust principles […]
The California Law Revision Commission (CLRC) has begun its series of meetings to explore potential changes to the state’s antitrust law. Today, our topic is one of seven specific areas of antitrust law that the CLRC is considering revising: concentration, or when a small number of companies comprise a large part of the activity in […]
The U.S. antitrust agencies, particularly the FTC, have announced that their work is “just getting started” as they show a growing antipathy towards mergers and economic growth through acquisitions. Business leaders and policymakers are sounding the alarm that these efforts could have a chilling effect on small businesses, consumers, and the entire U.S. innovation economy. […]
Hostility to innovation and technology diminishes the incredible Internet-enabled opportunities that leading tech services provide: empowering consumers, driving prices down and increasing choice, and providing platforms to help entrepreneurs grow their businesses. It has given us a golden era of entertainment, knowledge, and everything from fashion startups, to booming mom and pop stores, to the latest app.
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