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Which raises deep suspicions about the political motivations of this "investigation".

Anti-trust is about companies using their market power to exclude rivals, raise prices, and hurt consumers. It's not about consumers overwhelmingly choosing a product because they like it more.

Can anyone really say that Google's practices are more anti-competitive than, say, the dominant players in broadband or health insurance or wireless telecom or household appliances?




It does look like their is a strong partisan element here - but that isn't a bad thing in this instance. I think this is an interesting tangent to take.

From a health-of-the-system perspective it really should be intolerable that a few large closed-garden platforms control the flow of information. Information monocultures are a threat to everyone, even if one partisan group feels more threatened than the other at any one time.

I happily take the market-efficiency position on most debates, but the risk of Google being anything but neutral is worrying. They appear to have a political bias in their employee base and are under pressure to make judgements about fact v. fiction (might even be an inherent requirement of choosing a sort order for search results) - that is a position somewhat similar to a conventional media organisation.

I support the concept of media being a special case where the risk of an information monoculture outweighs the damage of being inefficient. Laws that basically make it impossible for one media source to control a market are fine. I'd like to see internet search designated as a market where there legally can't be one dominant player, and details get sorted out as best can be done.

Maybe that is already how the market is, I don't know. There are many alternatives not controlled by Google. But something even stronger than antitrust seems appropriate as a matter of law, even if we don't apply it today. I can't see how a platform like Google can be neutral given the ongoing partisan extremes that have developed in American politics and Google's connections to the Democrats.


They appear to have a political bias in their employee base and are under pressure to make judgements about fact v. fiction (might even be an inherent requirement of choosing a sort order for search results) - that is a position somewhat similar to a conventional media organization.

Apps and games are media. In 2019, that's a glaring truth which is obvious to many in the industry. It's just that society and the culture haven't caught up with technological reality yet.


On the other hand forcing media to give 50% of time/space to "both sides" leads to silly situations like 50% of media saying vaccines do cause autism, dinosaur fossils were planted by the devil, net neutrality is bad, etc.


You could either keep a blanket rule of 50% coverage excempted from such cases, or you could only mandate 50% coverage rules on particular settings/events, such as Presidential election main-line coverage.


> Anti-trust is about companies using their market power to exclude rivals, raise prices, and hurt consumers. It's not about consumers overwhelmingly choosing a product because they like it more.

Antitrust doesn’t care about how you got market dominance. It cares about what you do with it. To use the browser example I used elsewhere: maybe Google’s dominance in search is because it’s indisputably the best. But that doesn’t mean Google can use its dominance over search to get you to use Chrome.

To address your other examples, say health insurance or cellular, that market dominance is absent. Google has 89% of search market share. Verizon has 35% of cellular. Likewise, no health insurance company has more than 15% market share. That’s a completely different market. And I can’t get a discount on cellular because I’m a FiOS customer, nor can I buy car insurance from my health insurance company.

As I said elsewhere, I don’t think an antitrust case against a Google would succeed at this point in time. But lots of things that are common in the web tech space (cross selling products, giving away products for free, etc.), become potential antitrust concerns when you’ve got 90% market share in an industry. For example, giving away Android for free to push Symbian and company out of the market and cement Google search dominance in mobile. You wouldn’t be crazy to try to make a case out of that.


> I can’t get a discount on cellular because I’m a FiOS customer

https://www.verizonwireless.com/promos/verizon-fios-installa...

> nor can I buy car insurance from my health insurance company.

https://www.statefarm.com/insurance/health/individual-medica...

and bundling deals: https://www.statefarm.com/insurance/multiline


Huh. The Verizon deal must be new. Not sure if that’s a good idea. The State Farm thing is a “marketing alliance” with Blue Cross. I don’t think State Farm sells health insurance.


They do not. It's just a co-marketing partnership.


I’ll add that FiOS has under 40% market share in its footprint, not nearly 90% like Google search.


You ignore the fact that business operation in many sectors are localized. I don't have numbers, but my impression is the said companies like verizon, healthcare provider, power suppliers all have regional stronghold where their market share is easily a dominant one. I used to live in a valley in west Massachusetts, where you don't have any options to choose from for power supply(believe it's a government regulation issue) so basically you are locked up and have no means to curb the ever raising rate.


> consumers overwhelmingly choosing a product

By "product", I take it you mean their advertising services? Most of the other products are not paid for. In fact, critics are often fond of pointing out that the consumer is the product in this case.

Whether this action is right or not, parallels can be drawn with the Microsoft investigation: Microsoft allegedly used its position within the desktop to "push" their browser; Google is allegedly using its position within search to "push" their browser.

On a personal note, I'm not convinced that this is grounds enough for antitrust action. There could be a personal data related angle to this, but then again that would not come under antitrust.


> "push" their browser

Windows didn't get to 90% market share because consumers chose it. Windows achieved overwhelming dominance because Microsoft punished computer manufacturers if they sold any competing operating system.

That's anti-competitive, and Google isn't doing anything like that.

Then Microsoft used their illegally-obtained dominant position in operating systems to bundle their shitty browser, essentially forcing every consumer to install it instead of any competitor. And you couldn't uninstall it if you wanted to.

Again, that's not at all similar to Google and Chrome. Windows, Mac, and iOS don't have Chrome pre-installed. Android manufacturers are free to pre-install Firefox or Opera or anything else they want.


Windows didn't get to 90% market share because consumers chose it. Windows achieved overwhelming dominance because Microsoft punished computer manufacturers if they sold any competing operating system. That's anti-competitive, and Google isn't doing anything like that.

Google was doing exactly this until it was forced to into a consent decree with the EU. Manufacturers couldn’t sell Google licensed Android phones and sell non Google Android variants.


> That's anti-competitive, and Google isn't doing anything like that.

Just this week it was announced that Google will disable important features required to implement ad blockers. Google absolutely abuses their monopolies (browser, search, streaming video, possibly maps) at least as aggressively as MS ever did.

Have you ever tried to watch YouTube on Firefox? That’s a deliberately hobbled experience if I’ve ever seen one.


I’m no fan of Google these days but I have no issues what so ever using YouTube on Firefox. I listen all day long at work from a Slackware laptop and at home on Windows, Slackware and OpenBSD. I don’t have streaming issues and can watch full screen HD, no problems at all.


I don’t think this is the typical experience particularly on Linux. Do you not experience tearing? Excessive page load times? Even on Chromium, getting good YouTube performance on Linux requires tweaks.

Completely off topic at this point but I’m curious what video card you have and if you’re on X or Wayland.


I did nothing to “tweak” Firefox. I did use their binary installer for Linux because I wanted the latest updates and Slackware is a bit conservative with its packages.

My Linux box at work is an HP laptop from several years ago with a pretty basic business class AMD graphics card in it, I did have to install AMD’s binary drivers on this machine.

And, using Slackware, it’s X. Not sure if Wayland is easily installable or not on Slack but it’s certainly not part of the base install or supported by Patrick.

Firefox is the only piece of my install that isn’t part of official Slackware-CURRENT.

Other than running it in Windows all of my other computers that use Firefox are running stock, no fancy desktop versions of Slack or OpenBSD. I use calm window manager on both. (Sorry, this contradicts an earlier statement, I also had to compile and install Calm on Slackware from source, everything else is just part of the supported packages for CURRENT)

Maybe my low resource OS’s help?


Thank you for the great info! I bet it's the AMD graphics card helping. I know Nvidia is a mess (and requires the aforementioned tweaking). I'm glad it's working well for you and I'd love to test a setup like this as I really want off Chromium but haven't had an equal experience with Firefox (on OS X and Linux with Nvidia cards).


In my Linux and Freebsd boxes I have to install the proprietary driver for Nvidia cards to have full hardware acceleration.


You think Firefox having shitty video rendering performance is somehow because Google tweaked YouTube not to work? Are you kidding?


You don’t think Google could make YouTube work better on Firefox? Of course they could.


I don't see anything wrong with this monetization move. Chrome users don't pay Google for the use, so Google has no obligation whatsoever to make unpaid users as happy as their paid customers. And Goolge has(could) not set any barriers for competitors to come out with superior products. If enough people switch because their dislike, Google will adjust. It's market dynamics


The whole point of a monopoly is that you can leverage it to allow unfair advantages that allow your products to be worse for consumers and they have no choice but to accept it. As long as Google has search and browsers locked down they will have an unfair advantage in the direction of the web, one definitely not in consumer’s favor.

Whether it’s the government’s role to break that up is a political question, but Google is most definitely a classic monopoly and the internet is worse off for it.


Google’s behavior RE: Android licensing is more similar to Microsoft/Windows than you might think, from what I understand.


Antitrust action was recommended by the career antitrust officials at the FTC, not the politicians.

It was the political appointees (from both parties) who shut their recommendation that the FTC begin an antitrust action down.


The 2012 antitrust actions were settled with Google by the FTC, not shut down:

https://www.ftc.gov/news-events/press-releases/2013/01/googl...


It was shut down. They just call it a "settlement" to avoid it looking suspicious and for the FTC to save face.

So what was this "settlement"? Google promised to be nicer and said mea culpa a bunch of times. They did not pay a fine, did not agree to any hard regulations that would carry a penalty if violated, they did not pay any compensation to the entities they kinda admitted they wronged.


Who did they wrong?


Other companies and consumers.


No names? I’m not sure where to start.

With Microsoft there were clear injured parties: Netscape, Samba, WordPerfect, and those results created a chilling effect around Windows.


Well, the unilateral smackdown they just put on ad blockers with their monopoly position browser when they happen to also be the largest internet advertiser does appear to be market manipulation and doing customer harm in my not-professional opinion. I am not a lawyer.


Every content site implements AMP for fear of losing Google traffic, not because customers wanted or demanded it.


Gonna have to ask for a cite on this one.

Google search prefers sites that are fast. Amp makes sites fast.

Non-Amp sites that are equally fast and relevant get equal search ranking.

Is there any evidence whatsoever that Google ranks Amp sites higher because of Amp, instead of speed and relevance?


> Non-Amp sites that are equally fast and relevant get equal search ranking.

Nope. Amp ranks above everything else in a page-topping spinner.


>>Google’s ties to the Obama administration were deep.

>Which raises deep suspicions about the political motivations of this "investigation".

So, if a company was in bed with politician X, and get investigated under a future (opposition) politician Y, it's the ...political motivations of the investigation that you're concerned about?

That sounds totally backwards...

>Anti-trust is about companies using their market power to exclude rivals, raise prices, and hurt consumers. It's not about consumers overwhelmingly choosing a product because they like it more.

Well, Google uses its power over search results to do all of the above.


> It's not about consumers overwhelmingly choosing a product because they like it more.

And that's not what the charges are about either. You're making it way too simplistic. Google has been involved in actual anti-competitive actions, for which they've already been found guilty in Europe that had nothing to do with "users liking their service more" - Google actually downranked competition in the search engine, and other stuff like that.

There even was a story a while ago on HN about ProtonMail being essentially shadowbanned from Google search for the term "encrypted email" for a year before they made a big scandal about it and Google "admitted its error" (the same bullshit excuse Facebook uses every time it's caught tracking users in a new and more nefarious way).

Also, I can't be bothered to look for a link now, but there is a good story out there about how Google killed a map competitor in the US around that time, too (Skyhook was it?). Once again - nothing to do with "users liking Google's maps more" -- Google took real action to prevent a competitor from existing in the market place.

It's also a super-duper coincidence that Eric Schmidt started working for the Pentagon, while also remaining on Google's board and some kind of technical executive, too, not long before Google started working with the Pentagon on Project Maven.

Either people don't want to admit what's happening or they are being way too naive when they see all of this and think it's "nothing but a coincidence". It was well known that Schmidt was one of Obama's besties at the time. And Google is ranking very high in its lobbying efforts, too.


> Eric Schmidt started working for the Pentagon

I may not like it, but it's not an anti-trust concern.

> Google started working with the Pentagon on Project Maven

Google shut this down under pressure from employees. Also, not an anti-trust concern.

> Schmidt was one of Obama's besties

Executives at right-wing media are besties with the current president, but that shouldn't result in a future administration launching anti-trust actions against their firms.

> encrypted mail, Skyhook, etc.

Sounds pretty tenuous, but if there's something here roughly equivalent severity to other anti-trust issues then sure, investigate that.

But it looks to me like a piddling pretext to punish perceived political differences in media and infotech.


Wait, what kind of argument is that? We should antitrust the other players you mention too.


Yet they don't.

Selective enforcement is arbitrary, politically motivated enforcement.


Every enforcement agency at every level does selective enforcement. Nobody has the resources to go after every case of law-breaking.


Clearly many traditionally established regional monopolies/oligopolies not being probed into is not a matter of resource scarcity. Can we argue in this logic that if some companies are not punished by existing applicable laws/regulations for so long a time, that means those set of laws/regulations are acutally juridically invalid and thus can't be applied to other entities as well.


> Can anyone really say that Google's practices are more anti-competitive than, say, the dominant players in broadband or health insurance or wireless telecom or household appliances?

No, but I'd love to see antitrust litigation against those monopolies/oligopolies too.


Google isn't, and the fact you're getting responses that are dodging your question just goes more to your point that this is most likely politically motivated.


The lack of competition on commercial infrastructure is a problem which occurs -AFAIK- worldwide. It occurs on wireless such as 4G, it occurs on DSL, and it occurs on cable. It is a real problem which indeed warrants a discussion, but not in a whataboutism-esque distraction. 2 wrongs don't make 1 right. It doesn't matter which one's are more anti-competitive. They both are (IMO); at the very least they're risky and therefore deserve careful analysis.


Can anyone really say that Google's practices are more anti-competitive than, say, the dominant players in broadband or health insurance or wireless telecom or household appliances?

I guess, "not exactly exonerating, but not exactly damning" is à la mode in 2019.


This is a bold take!

Google's close ties with the Obama administration makes the Trump administration suspicious!


Close ties are suspicious, strong swings in prosecution policy are also suspicious.


But it sounds like the career officials wanted this 7 years ago, but were blocked by Obama's political appointees.

So, there is no swing in policy, at least among the career officials.


That's a very good explanation! But it's certainly worth looking carefully into it to reach/validate that explanation.


It can be both.

The Obama administration shut down and buried the previous FTC investigation. I'd guess not just because of lobbying, but also because google was nice enough to allow a ton of google employees to take some "vacations" to work for the Obama campaign for a bunch of months, and the likes of Eric Schmidt being chummy with Obama[1].

The current investigation is probably motivated not just by those career bureaucrats who had their previous investigation shut down, but also by the Trump administration wanting to hurt SV and Google in particular for being too friendly with Democrats, and to put those social media companies (Youtube, Facebook, Twitter) on notice not to "prosecute" and ban conservatives on their platforms (at leas that's what Trump and a lot of "conservatives" say is happening).

[1] https://www.theatlantic.com/politics/archive/2011/06/obamas-...


Antitrust also covers government. If Google colluded to pass laws to prevent competition, they broke the law.


We’re not talking about telecoms. We all know they’re a corrupt monopoly. Nice strawman.




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