Slashdot Mirror


USDOJ Sniffing Google Antitrust Suit, Hires Ex-Disney Lawyer

Van Cutter Romney was one of several to write with the story that "The Justice department has secretly hired former Walt Disney lawyer Sanford Litvack for a possible antitrust suit against Google. As reported earlier, the Justice Department is investigating the deal between Google and Yahoo which accounts for 80% of online search advertising. The Wall Street Journal writes today that Justice Department lawyers have been deposing witnesses and issuing document subpoenas for weeks — but that doesn't necessarily mean a case will be brought."

41 of 241 comments (clear)

  1. So, lemme get this straight... by R2.0 · · Score: 5, Insightful

    1) Google proposes deal with Yahoo.
    2) Federal Trade Commission, the government entity charged with regulating business activities vis a vis anti-trust regulations, gives the OK.
    3) Google goes through with deal
    4) Justice department investigates for anti-trust violations.

    Why does this remind me of when the Big Three were getting sued for the type of airbags that the Feds REQUIRED they install, and not having switches to turn them off which they were prohibited from installing by the same regulations?

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:So, lemme get this straight... by jcr · · Score: 2, Insightful

      You've got it straight.

      In many ways, it sucks to try to do business in this country, particularly if your company is big enough to plunder.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:So, lemme get this straight... by UnknowingFool · · Score: 3, Informative

      Technically speaking on the air bag issue, the NHTSA required that driver and passenger 2nd generation airbags be mandatory in vehicles made after 1998. There was some specification on the airbags but where the Big Three were getting sued was that their airbags tended to be a bit more aggressive than airbags made by other manufacturers. There airbags did fall under the NHTSA specifications though. I think the Big Three modified their airbags with kill switches and sensors, etc. Also at the time, it was not recommended that children not be seated in the front seat.

      So on the Google issue, the deal may have been approved by the FCC, but do we know if any laws were broken outside the deal? Remember, MS wasn't prosecuted for being a monopoly but rather for abusing its monopoly power over rivals and partners.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:So, lemme get this straight... by jollyreaper · · Score: 4, Insightful

      1) Google proposes deal with Yahoo.
      2) Federal Trade Commission, the government entity charged with regulating business activities vis a vis anti-trust regulations, gives the OK.
      3) Google goes through with deal
      4) Justice department investigates for anti-trust violations.

      Why does this remind me of when the Big Three were getting sued for the type of airbags that the Feds REQUIRED they install, and not having switches to turn them off which they were prohibited from installing by the same regulations?

      Oh, I think it sounds more like Google not paying up to the appropriate parties, now here's the threat of something unfortunate happening to their business. Note that Microsoft got off on the anti-trust charges after the bushies came in.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    4. Re:So, lemme get this straight... by sp3d2orbit · · Score: 3, Insightful

      This whole thing sounds like something out of an Ayn Rand book.

      When do we get the Equalization of Opportunity Bill?

    5. Re:So, lemme get this straight... by atraintocry · · Score: 2, Funny

      That's a nice-lookin' datacenter you got there. All hot and loud, runnin' them queries. Be a shame if something were to, eh, happen to it...

    6. Re:So, lemme get this straight... by recharged95 · · Score: 2, Insightful

      5) Google makes money off deal.
      6) US Gov't makes money from [winning the] antitrust case.
      7) Lawyers on both side win. (cause lawyers ALWAYS win).

      I see a win-win for both sides. Well, except for the consumer/taxpayer....

  2. Wierd theory here by Coraon · · Score: 5, Insightful

    Could it be that other are having trouble competing with Google because everyone else has lost touch with their user base but google? The only reason I use google search is because how fast it loads, their main page isnt bogged down with crap that takes time to load, it just loads. If one of the big three had been smart enough to know that the hard core among us just want efficiency and we are the ones that provide word of mouth then they would be a lot better of. Google doesn't prevent competition, it just does things better then the competition.

    --
    -Ours is the wisdom of Solomon, the magic of Merlyn, the fall of Icaris.
    1. Re:Wierd theory here by moderatorrater · · Score: 4, Insightful

      Let's not forget that there's no more open and free market than the internet. I can load up cuil and use it all day long if I want to, and any website can go to any ad service they want to. As a matter of fact, you'd have to go to MSN to get an ad into Facebook. There are so many ways to compete on the internet and they cost next to nothing. Now, if Google starts offering discounts for people who only use adwords, then there might be an issue. However, as far as I've been able to tell, they don't, so what's the problem?

  3. This will mean nothing in the end by mangu · · Score: 3, Insightful

    FTFA:

    a federal antitrust case against Google could set new boundaries for Internet competition, much as the Justice Department suit against Microsoft Corp. a decade ago broke ground applying antitrust law to new technologies

    Yes, and we all know how much that decade-old antitrust suit changed the world...

    1. Re:This will mean nothing in the end by malkavian · · Score: 4, Insightful

      Actually, it changed the world a lot.. The world used to believe that the US actually had shreds of decency and fairness left in its legal system, and hoped that perhaps the people had a say in their Government, rather than it being owned by the Corporates.

  4. I don't understand antitrust suits by Van+Cutter+Romney · · Score: 4, Insightful

    I get the part that Google is monopolizing the online advertising space. But that is no reason to sue them. It's true that they set a high bar for entry into the market and they will continue to do so as long as customers flock to them.

    The only reason for an antitrust suit would be when the company stifles innovation. But if it does customers will automatically move away from them and move to others who have better services. That's simple economics. DOJ doesn't help the process in any way by suing Google.

    --
    Help a man when he is in trouble and he will remember you when he is in trouble again.
    1. Re:I don't understand antitrust suits by SirGarlon · · Score: 4, Insightful

      The only reason for an antitrust suit would be when the company stifles innovation.

      You seem to be confusing "innovation" with "competition." They're not the same, and one does not imply the other.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    2. Re:I don't understand antitrust suits by bobetov · · Score: 2, Interesting

      Google, like Microsoft before it (and so forth to before my time) stifles innovation today simply through its existence. It does not require active malice to do harm. Anyone involved in the startup world will tell you that one of the major questions VC's will push you on is how you are Google-proof. I mean, they give away blogging, mapping, email, news, search, 3d visualization, online doc collaboration, etc, etc.

      If you want to start a business today, you have to have some idea why Google won't just Beta you into the ground. Google thus prevents innovation through the *possibility* of actions it might not ever take, or might take with only good intentions.

      --
      Looking for a Rails developer in Chapel Hill?
    3. Re:I don't understand antitrust suits by nickspoon · · Score: 3, Insightful

      That's simply because they don't. They have a small, text-based advertisement for the Google Chrome beta on their front page, something which they are perfectly entitled to have, in my opinion. They do not bundle Chrome with their products; you are not required to have Chrome to use Google Search, Maps, Earth or anything at all. You are not constantly pestered to install Chrome or hampered by User-Agent restrictions.

      Microsoft, on the other hand, bundle Internet Explorer with their operating system. You have one, you get the other - and they're inseparable. A number of products, Microsoft and otherwise, have a dependency on IE to function - most of those are built using MS developer tools which utilise that.

      There is simply no comparison to draw.

  5. Re:I thought Google is competing with Microsoft by Quasar1999 · · Score: 4, Interesting

    Is it just me, or does everything in the US start with secret allegations that are insane, completely disproven before they're even made public, and yet still acted upon fiercly only to suffer humilation in the end?

    Be it military, with imminent threats of destruction from a nation that has no way to harm anyone but themselves, yet turning a blind eye to nations that could (Iraq vs. North Korea for example?)... or be it corporate, where anti-trust is thrown around at google, yet there isn't anything substantial while other companies like microsoft are clearly doing it and are ignored.

    It's an upsetting pattern to watch unfold.

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
  6. Inevitable by EvilIntelligence · · Score: 5, Insightful

    This was inevitable. Eventually, Google was going to take some steps forward in some area, and somebody was going to panic that it was a "monopolistic" move. Any sufficiently huge company has to deal with that (even Disney had that problem years ago). It will be interesting how it plays out, however. Antitrust suits usually hinge on making sure that the customer is not ripped off. In this case, the customer is not the end-user who surfs the web. The customer is actually the advertiser, since that is where these guys make their money. And the advertisers can still advertise on both Google and Yahoo equally and increase visitor coverage, so it will be hard to prove that the customer has suffered damages.

  7. Re:I thought Google is competing with Microsoft by Anonymous Coward · · Score: 3, Funny

    Americaaaa!! Fuck Yeah!

  8. yeah, ok. by SCHecklerX · · Score: 4, Insightful

    How about they fix the M$ problem first? How many companies were destroyed before Linux got a foothold back in the late 90's?

  9. Re:Big difference by snl2587 · · Score: 2, Insightful

    Although one could argue that releasing products for free was akin to underselling the competition, driving other companies out of business by funding these products with alternate revenue streams. Not my opinion, but I can see where they are coming from.

    I'm also getting the feeling that this is nothing more than a probe. I guess time will tell on that one.

  10. Google is not a monopoly. by TechnicalFool · · Score: 2, Insightful

    Google are virtually omnipresent because they are just that good. Nothing and nobody is stopping you or anyone else from trying to compete with them, as seemingly impossible a task as that may be. They don't own a patent on the search engine.

    Unlike a certain large OS vendor whose business model revolves around finding new ways to lock customers in, turn open standards into proprietary, patented and licensed rip-offs, and threatening others with lawsuits whenever it feels the need. 235 patents, wasn't it?

    --
    09F9 1102 9D74 E35B D841 56C5 6356 88C0
  11. Re:I thought Google is competing with Microsoft by Fishbulb · · Score: 5, Interesting

    My first reaction was that this has Microsoft written all over it (being that Yahoo refused to sell itself to them).

    Microsoft learned a lesson about the DOJ when it went toe-to-toe with it: it's a tool to be used like any other.

  12. Re:They didn't hire him. by Quantos · · Score: 4, Funny

    A Mickey Mouse case if ever I heard of one.

    Or at least a Goofy one.

    --
    Some people are only alive because it's against the law for me to hunt them down and kill them.
  13. Lost touch with user base? by EraserMouseMan · · Score: 4, Insightful

    Yea, Google has a stranglehold on Internet search and therefore is in touch with their user base.

    MS on the other hand has a stranglehold on the desktop OS and therefore is an evil monopoly.

    Let's face it folks here's the only difference:
    * Google's monopoly will hurt businesses wanting to buy web ads.
    * Microsoft's monopoly will hurt individuals who use desktop products.

    It just depends on whether you are a business or an individual as to which monopoly you'll feel stung by.

    1. Re:Lost touch with user base? by EvilIntelligence · · Score: 3, Insightful

      Please do not confuse market share with monopoly. Microsoft has the majority of the market share of the desktop world. But that is not what makes them a monopoly. Where they can be deemed a monopoly is using their position of dominance to suffocate other competitors, such as forcing computer manufacturers to install only Microsoft Office products under the threat that if they don't comply that Microsoft will yank their Windows licenses. And of course any desktop manufacturer that can't include Windows can't sell desktops. The Google/Yahoo thing MAY be different. So far, Google has not shown that it is using its dominance from forcing an unfair anti-competitive edge against its rivals. That is a huge difference.

    2. Re:Lost touch with user base? by Chyeld · · Score: 2, Insightful

      Monopolies are not evil. They are not illegal. They aren't even unethical.

      Hershey's has a monopoly on Hershey's branded candy. Apple has a monopoly on iPods. There are plenty of companies out there that make the only one of whatever they make.

      Anti-trust (actually more appropriately titled 'anti-competitive') legislation isn't designed to prevent monopolies; it's designed to prevent someone using their monopoly in an anti-competitive manner.

      For instance, if you or a group of companies working together control the manufacture and sale of almost all the widgets in the world, use that to set prices (you'll sell our widgets for $20, period, or you won't sell them at all) or to prevent anyone else from getting into the business (buy from our competitor and we'll never sell you another widget again), that is a felony in the USA.

      In general using your monopoly to restrict another's business is considered anti-competitive and in most places illegal.

      I've yet to hear of anything Google has done that could be portrayed as this, on the other hand Microsoft's entire history has been littered with attempts to pull this off.

      MS attempted to force retailers to sell Windows only if the customer also bought MS-DOS. When that failed and they were forced to sign an agreement to never bundle their products again, they released Win95 and lied about MS-DOS being integrated in. The integration was just a checksum against your installed DOS version which refused to let Window start if it wasn't the right version. Years later someone released a patch to remove that check and discovered Windows ran just fine with other people's versions of DOS.

      MS stole the code to Stacker, and packaged it in Windows to prevent other companies from entering the disk compression market. And later they attempted to use the monopoly with Windows to force their competitors in the web browser and media player markets out of business.

      MS attempted to maintain their monopoly by forcing PC makers to install Windows on all their computers (those that didn't were faced threatened with steeper prices or simply a refusal to sell).

      Again, I've yet to see anything Google has done that follows those lines.

    3. Re:Lost touch with user base? by RulerOf · · Score: 3, Insightful

      That's exactly like the monopoly banks have on electronic transactions through VISA and Mastercard.

      10 years ago, you could do a debit transaction to pay for things with a card at a store... but that was bad, because it costs you money.
      Now, you can do a credit transaction to pay for things with a card at a store... but that is okay, because it costs businesses money.

      People would be all upset if they had to add $1 to the cost of every purchase they made because they used the debit system to pay for things... meanwhile, they utilize the VISA and Mastercard systems, which costs every business they visit an extra fixed rate or percentage... which gets passed on to the consumer in the form of higher prices.

      If only people could stop buying coffee with plastic.

      --
      Boot Windows, Linux, and ESX over the network for free.
  14. Re:Finally by JStegmaier · · Score: 2, Insightful

    I think you might be a little confused. The AT&T today is one of the pieces that broke off. However, it is also the piece that owns all the other pieces, except Verizon.

    To summarize: DOJ breaks AT&T up, FTC let's them get back together.

    In this case, the FTC let's Google and Yahoo get together, now the DOJ is considering breaking them up.

  15. Re:Big difference by CrimsonAvenger · · Score: 3, Interesting

    They're making it difficult for mediocre companies to compete, damn it! In fact, the Fed should step in and use tax dollars to help those companies compete. Or use legislation to make Google less competitive.

    You jest, but this is essentially what happened to Alcoa back in the day - they were hit with an antitrust suit because they kept making aluminum more efficiently than anyone else and lowering their prices.

    Note that the similarities end there. There are strategic reasons to not want a single source for a critical material. There are no such strategic reasons relating to Google. That I can think of.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  16. Litvack is a former head of DoJ anti-trust section by Kringle · · Score: 2, Informative

    Note that Sanford ("Sandy") Litvack, now 72 years old, was an Assistant Attorney General for the Carter administration, where he headed the DoJ Antitrust Division. His first job after law school was as a trial attorney for the DoJ Antitrust Division in the Eisenhower administration. This will be his second return from private practice to assist the DoJ.

  17. Re:Secret? Not so much. by Nutria · · Score: 2

    "The Justice department has SECRETLY hired former Walt Disney lawyer Sanford Litvack for a possible antitrust suit against Google"

    The original article states that the gov't quietly hired Litvack. The idiot journalist at InfoWorld converted that into "secretly".

    --
    "I don't know, therefore Aliens" Wafflebox1
  18. What the hell? by Anachragnome · · Score: 3, Interesting

    Since when does "providing customer with a good product" equate with a monopoly?

    Does that mean that if I am TOO successful in the creation and marketing of my product, I have opened myself up to reprimand/repercussions from the government? Someone help me out here. I simply don't get it.

    If I make something far superior to my nearest competitor, and the entire customer base switches to my product, I've done something wrong?

    Can someone please explain why this is even an issue for Google?

  19. Re:I thought Google is competing with Microsoft by afabbro · · Score: 2, Informative

    Is it just me, or does everything in the US start with secret allegations that are insane, completely disproven before they're even made public, and yet still acted upon fiercly only to suffer humilation in the end?

    It's just you.

    --
    Advice: on VPS providers
  20. Google's ahead because they're better by billstewart · · Score: 4, Insightful

    Google became the dominant search engine for a couple of reasons - not only is it really fast and uncluttered, compared to some of its early competitors (remember Hotbot?), but PageRank did a good job of guessing what pages would be the most relevant and most interesting and displaying them first, and nobody's really caught up with them. On the other hand, they've still only got a bit more than 50% of the market - their two main competitors are staying in business.

    In advertising, which is how Google makes most of their money, Google ads are uncluttered and fast, so they're not as annoying as other ads, making web site authors more willing to carry them, and apparently advertisers think Google does a good enough job of targeting ads to readers that they're more effective than their competitors or have a better price per result or something.

    And unlike Microsoft, where the tight integration between the OS, device drivers, the mail system, the calendar, and Office makes it difficult to leave once you're addicted, it's easy for anybody to use another search engine instead of Google, or for an advertiser to use a different ad agency, and the reason Google stays on top is because they invest enough development money to keep their quality high.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  21. Monopolies are not illegal by NathanE · · Score: 2, Informative

    ... just the ABUSE of them. Think of all the niche markets where somebody has a monopoly on it. If there is evidence of Google abusing their "monopoly" in search and advertising to get a stranglehold on other markets, then having the DOJ look into it is a good thing. So they've got 80% of the online advertising market with the deal with Yahoo; good for them. Are they abusing it somehow? Artificially inflating advertising prices? Any examples?

  22. Hmmmm. by WindBourne · · Score: 3, Insightful

    It is NO co-incidence that Microsoft is one of hte top corporate donors to the Republican party. They scratch each others backs regularly.
    I am absolutely not a fan of MS, but you must know something that others do not.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  23. Re:Big difference by ClosedSource · · Score: 2, Insightful

    Because IE never locked its customers out of competitors' sites. Which is why all the legal wrangling over IE bundling was a big waste of time.

  24. Just a thankyou notice by TechnicalFool · · Score: 2, Insightful

    For being someone else in this thread to spot the difference between popularity and monopoly.

    Ta muchly.

    --
    09F9 1102 9D74 E35B D841 56C5 6356 88C0
  25. Well, here's how by Moraelin · · Score: 2, Interesting

    Well, last time I read an analysis of the surrealistic attempt by MS to buy Yahoo, it apparently involved a patent actually. Some small company had come up with a ludicrious blanket patent on, basically, AdWords. If you automatically match keywords to serve an ad, congrats you infringe on it. Yahoo bought them. Yahoo apparently licensed it to Google, but refuses to license it to MS for any sum. So basically it's in a position to block anyone it wants to from entering the context-matched ads segment, and does just that.

    So before we all go orgasmic about "OMG google is soo smart that they monopolized the context-matched ad space, and MS is so dumb that it can't even do that except in a few asian countries"... well, it's because basically MS is kept from entering that maket at all.

    Anyway, that shitload of money offered for buying Yahoo, were apparently all about that patent. And Yang & Co would rather lose money for its shareholders, _and_ hand in the goose that lays golden eggs to Google, than let MS compete there. They practically offered to bow down and give Google their share of that market space, then let MS in at all.

    Now I don't have any particular love for MS, nor any particular hatred for Google, but, seriously, isn't this exactly what the anti-trust laws were supposed to prevent? What I see there is a case of #1 and #2 in a market, colluding to keep #3 out of it. And everyone else, for that matter.

    _If_ we decided that it's the ultimate evil to artificially raise trade barriers just to keep competitors out, if you're MS... shouldn't the same apply when Yahoo and Google do it? I mean, seriously, what's the difference?

    --
    A polar bear is a cartesian bear after a coordinate transform.
  26. Re:I thought Google is competing with Microsoft by hedwards · · Score: 2, Insightful

    This isn't baseless or in any way shape or form non-obvious, I've been expecting this to happen for months. It's a matter of history repeating itself. The same thing happened to MS at approximately this point in it's history. Google has enough power via information and access to information that it was only a matter of time before there was an investigation.

    I wish I could have given you a +5 tinfoil hat, but seriously, the DoJ is supposed to look into these things. The DoJ happens to not have jurisdiction in either Iraq or North Korea. And not even Iran is under the jurisdiction of the US DoJ.

    MS wasn't completely ignored, sure they weren't taken to task as much as they ought to have been, but they weren't just let off the hook. More likely than not Google will end up with a similar arrangement after all is said and done.

  27. Re:I thought Google is competing with Microsoft by Korgan · · Score: 2, Insightful

    Surely there is a difference here in that Google's so called Monopoly is borne of natural migration. People use Google because its better than the other options. Yahoo had its opportunity in the 90s and even at the beginning of this decade and did nothing. They could even have *bought* PageRank when Page and Brin first made the sales pitch to them.

    Microsoft is no different in that regard. If it hadn't been too busy looking at AOL and CompuServe and trying to reproduce it with the original MSN, the could have gotten a head start. Instead they're at least half a decade behind everyone else and only making ground by tying their online products into their offline products (Look at MS Office 2007 running on Vista for an example.)

    Google created a better product and captured the market share naturally. There is absolutely no impediment to people switching from Google to Yahoo's Overture (or whatever they call it now) or MS AdCenter. In fact, Google make it damn easy for you to get your information out of any of their products to take it to another company. From GMail (and Google Apps) all the way through to their AdWords platforms.

    While the DOJ may have an obligation to investigate a monopoly, they cannot rightly charge Google with any anti-trust violations given it does not impede people leaving and the marketshare it has was generated simply by having a better product. They have not in any way used that dominance to force people to only use their product at the expense of others.

    Remember BeOS vs Windows 98?

    If anything comes of these investigations, it will be a very dark day for the so-called Justice system in the US.