November 25, 2020

The DOJ’s Google Antitrust Lawsuit: What To Know

In short: We’re not dominant, and competition on the internet is just “one click away.”

That is the essence of recent testimony in Congress by Google executives. Google’s share of the search market in the United States is about 80 percent. But looking only at the market for “general” search, the company says, is myopic. Nearly half of online shopping searches, it notes, begin on Amazon.

Next, Google says the deals the Justice Department is citing are entirely legal. Such company-to-company deals violate antitrust law only if they can be shown to exclude competition. Users can freely switch to other search engines, like Microsoft’s Bing or Yahoo Search, anytime they want, Google insists. Its search service, Google says, is the runaway market leader because people prefer it.

Consumer harm, the government argues, can result in several ways. Less competition in a market means less innovation and less consumer choice in the long run. That, in theory, could close the market to rivals that collect less data for targeted advertising than Google. Enhanced privacy, for example, would be a consumer benefit.

Goods that are free to consumers are not exempt from antitrust oversight. In the landmark Microsoft case of the late 1990s, the software giant bundled its web browser for free into its dominant Windows operating system. Microsoft lost because, using restrictive contracts, it bullied personal computer makers and others to try to prevent them from offering competing web browser software — competition that could have undermined the Windows monopoly.

Unless the government and Google reach a settlement, they’re headed to court. Trials and appeals in such cases can take years.

Whatever the outcome, one thing is certain: Google will face continued scrutiny for a long time.

Article source: https://www.nytimes.com/2020/10/20/technology/antitrust-google.html

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