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Google, Yahoo!, Apple Targeted In DoJ Antitrust Probe

suraj.sun writes with this excerpt from the Washington Post: "The Justice Department has launched an investigation into whether some of the nation's largest technology companies violated antitrust laws by negotiating the recruiting and hiring of one another's employees, according to two sources with knowledge of the review. The review, which is said to be in its preliminary stages, is focused on Google; its competitor Yahoo; Apple; and the biotech firm Genentech, among others, according to the sources, who spoke on condition of anonymity because the investigation is ongoing. The sources said the review includes other tech companies and is 'industry-wide.' By agreeing not to hire away top talent, the companies could be stifling competition and trying to maintain their market power unfairly, antitrust experts said. ... Obama's antitrust chief at the Justice Department, Christine Varney, has said she plans to look at the network effects of high-tech companies and how their grasp on markets has cut out competitors and hurt consumers."

27 of 166 comments (clear)

  1. Good by Ethanol-fueled · · Score: 2, Insightful
    From TFA:

    By agreeing not to hire away top talent, the companies could be stifling competition and trying to maintain their market power unfairly, antitrust experts said...In 2005, Microsoft sued Google for hiring away Kai-Fu Lee...

    Good. Hopefully these actions will lead to the outlawing of vaguely wide-ranging NDAs which state that employees may not work for "competitors" for X years after leaving their companies. I wish that TFA provided the list of all the companies because they didn't mention whether or not Microsoft was in the list despite their example above.

    Antitrust experts say that could include wireless carriers and software operators that may be blocking certain applications from running on their networks and devices.

    Let's hope so.

    1. Re:Good by harryandthehenderson · · Score: 5, Informative

      Hopefully these actions will lead to the outlawing of vaguely wide-ranging NDAs which state that employees may not work for "competitors" for X years after leaving their companies.

      Why would it? That has absolutely nothing to do with what this probe is about. Secondly, such non-compete contracts are already illegal in California which already covers Google, Apple, Yahoo! and Genetech already.

    2. Re:Good by MyLongNickName · · Score: 4, Insightful

      And generally non-competes are ignored in other states as well I applaud California for legislatively declaring them illegal. Companies already operate at an advantage compared to individuals. They should not be able to take away my livelihood when we decide to part ways. If I am employed "at will" by them, then the business arrangement should be symmetrical. If they are willing to offer me a generous severance package, then I imagine they can have a say on where I end up. But even that should be limited.

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  2. antitrust, et al. by megrims · · Score: 4, Insightful

    Why do we trust google, again?

    1. Re:antitrust, et al. by MyLongNickName · · Score: 5, Insightful

      Because they are not Microsoft. And because they are competing successfully against Microsoft. Nothing more.

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power. It may not even seem that way to the person with the power, but it will happen. Same is even more true with organizations. They are more complex, less personal. As Google collects more data, as its reach becomes bigger and as time goes on, the abuse will surface. Not that Google is any better or worse than anyone else, it is their success that will do it. And when Google's "Do No Evil" becomes "Well, maybe a little evil", they will make Microsoft look like an amateur.

      (And thank you Slashdot for making me wait five minutes between posts. Excellent Karma, get mod points yet have to wait. And when I use the email link to report the problem, my email gets ignored. Brilliant)

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    2. Re:antitrust, et al. by harryandthehenderson · · Score: 4, Insightful

      Except that Google and Yahoo! will still attempt to recruit away people from other companies they don't have a pact with and as such this appears to be shady collusive behavior.

    3. Re:antitrust, et al. by haystor · · Score: 2, Interesting

      If I'm employed by Google and seeking a job at Apple, that agreement is interfering with my negotiations.

      If this is true, they are conducting discussions about employment with each other without the affected parties being represented.

      If it were two companies conspiring against a third company instead of a just a group of anonymous potential employees, the lawsuits would be measured in the billions.

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      t
    4. Re:antitrust, et al. by brian0918 · · Score: 3, Interesting

      Way to confound economic power with political power. Corruption, violation of rights and contracts, none of that is possible without a hand in politics, ie, a politician willing to pass/enforce laws that harm others and violate their rights.

    5. Re:antitrust, et al. by chiguy · · Score: 2, Informative

      This agreement negatively affects employees because they are not made aware of opportunities for 20% pay raises or other benefits from a large group of major companies. This artificially keeps wages and benefits low for people in the colluding companies.

      The very common scenario would be: someone is quite happy working at Google developing AJAX and is not actively looking to switch jobs but does have their resume on job boards. Yahoo wants to find an AJAX expert and is willing to pay 50% more for the expertise to catch up with Google quickly.

      Yahoo is unable to contact this expert.

      This pretty clearly hurts the employee.

      Yes, the employee could troll the job boards, but why do you want to force the employee to do the work when head hunters are paid to find them? I bet you're a Republican.

      --
      passetspike!
    6. Re:antitrust, et al. by Dutchmaan · · Score: 2, Insightful

      I've always thought it ironic that virtue tends to help in the aquistion of power, and corruption is used to try and maintain it, but is its eventual downfall.

    7. Re:antitrust, et al. by brian0918 · · Score: 2, Insightful

      The violations I was referring to were for contracts invalidated by new legislation passed by politicians bought by corporations. The law, the politicians, the force-bearing entity is to blame.

  3. No-hire pact? by DoofusOfDeath · · Score: 5, Insightful

    It seems to me like there's another angle on this, from the perspective of the affected employees, not the customers/competitors.

    By forming a pact that keeps an employee at company A from getting a job at any other company in the cartel, doesn't that run afoul of federal fair labor laws?

    1. Re:No-hire pact? by rev_sanchez · · Score: 4, Insightful

      Non-compete restrictions in employment contracts are common in software development work and are another flavor of this issue. What these companies have done is more insidious because they aren't asking employees to agree to being locked out of major portions of the job market for their skills.

      The result of this is that you often can't work in the industry for years after leaving your job. To insist that employees have experience when they are hired and then prevent them from using it when they leave seems wrong.

      --
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  4. Re:Seriously? by harryandthehenderson · · Score: 3, Informative

    Seriously neither Google nor Yahoo! are anything close to a monopoly.

    Nothing in this article was talking about any of the four listed companies being a monopoly. This was about collusive behavior to not recruit away talent from each other.

  5. Re:Seriously? by BadAnalogyGuy · · Score: 4, Funny

    I used to drive a Hyundai Sonata. Whenever I took it out, I would get stares because the heap would lay down a huge black cloud of exhaust when I pressed the gas. I would occasionally think about getting it fixed, but never really got around to it. Then one day I was t-boned at an intersection. The car was totaled.

    In the business world, things are much the same way. Collision is just as bad as a monopoly.

  6. Beware the red herring by R2.0 · · Score: 4, Insightful

    "Obama's antitrust chief at the Justice Department, Christine Varney, has said she plans to look at the network effects of high-tech companies and how their grasp on markets has cut out competitors and hurt consumers."

    They are investigating collusion in the labor market - in this case, the companies themselves are the consumer, and job seekers provide the service. But this has nothing to do with cutting out competitors and hurting consumers. What they are doing is collusion in a market which, though probably illegal, keeps costs down, not up.

    "look at the network effects of high-tech companies and ... grasp on markets ..." is shorthand for increased government regulation, whether warranted or not. What will happen when they decide to investigate the companies that supply toilets, and find out that "only" 10 companies "dominate" the market? They may not be colluding, but OBVIOUSLY such a small number of companies id bad for the market, and hence requires regulation of their pricing to protect the consumer.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  7. They have money by Shivetya · · Score: 3, Insightful

    The US Government is short of that.

    Even though I own multiple Apple products I would rather see DOJ bust Apple's balls than MS. At MS doesn't dictate whose machine I can run their OS on (even though I have no Windows computers art home). As for Google, they have money, they are current at issue with various "AA" groups that have relations with people in the new guy's administration.

    Besides this about restricting employee for leaving for better offers by agreeing not to see out talent from agreed upon companies. In other words, if they like you they might be willing to make a deal with a competitor so you won't be offered a reason to leave.

    I still figure most of it is about getting more money

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  8. Re:Apparently the Obama administration doesn't by harryandthehenderson · · Score: 5, Informative

    Oh I don't know [arstechnica.com] He has been doing favors for all his supporters, Like those car Dealerships whom supported him somehow manage to stay open.

    Nice red herring, but it doesn't have anything to do with the fact that teh whole uproar over Sotomayor was based on a single ruling out of all of her years in the federal judiciary. One ruling hardly justifies being called "pro-RIAA".

    But if you want to keep Diluting yourself into "hope and change" then don't mind me, go right ahead.

    Except I never voted for Obama and have disagreed with almost everything he's done. Doesn't mean I won't still correct people who are spreading nonsense.

  9. Re:Apparently the Obama administration doesn't by poetmatt · · Score: 2, Informative

    You are looking at the wrong statistics. The most profitable dealers have remained open. It's not about performance, it's about profitability on both ends. Those two are not necessarily tied together. You can be a poor performer and there are tons of ways to make excess additional amounts per sale to the manufacturer, and this is in fact quite common at dealerships that have lower volume of sales.

  10. Re:Apparently the Obama administration doesn't by poetmatt · · Score: 2, Funny

    Wait, someone voted for a Browser Helper Object? I've never heard of one being elected, personally.

  11. Re:Apparently the Obama administration doesn't by bledri · · Score: 3, Informative

    How is this a troll? Sure a link pointing out one of the reasons it's a red herring would have been nice but I don't see how it's a troll.

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  12. Re:Maybe not by royallthefourth · · Score: 2, Insightful

    If he's really worth it, the former employee should be paid to not work for the competition.

  13. Re:Seriously? by sbeckstead · · Score: 2, Insightful

    You mean like WolframAlpha? They can be competed with. May take some deep pocket investors and a high power altruistic talent but it happens.

  14. It's monopsony by collusion by Animats · · Score: 5, Informative

    It's an illegal restraint of trade under US antitrust law. It's not "monopoly", which is sell-side, it's "monopsony", which is buy-side.

    Farmers classically face monopsony situations. This was much worse when most farm products moved only by rail. When there was only one buyer with a rail loading facility in an area, farmers were really screwed. That's why there are so many farmer's cooperatives in the US, and USDA efforts to control monopsonies. For what it was like before that, see "A Deal In Wheat", from 1903.

    1. Re:It's monopsony by collusion by Jah-Wren+Ryel · · Score: 2, Funny

      OMG! Monoponies!

      --
      When information is power, privacy is freedom.
  15. Re:Maybe not by Anonymous Coward · · Score: 2, Insightful

    The point is, if your skills are sufficiently specialized, the ONLY possible work you could find is at your competition, so you are kept from finding work in your field. That is why non competes are illegal

  16. I agree, but they're somewhat better, for now by Trepidity · · Score: 2, Interesting

    Google has two main differences, I think, for now:

    1. They're still largely controlled by some fairly idealistic folks, who are now so filthy rich that they aren't that worried about making even more money, so much as using their multi-billion-dollar playground to incubate things they think of as cool. As long as their playground continues making significant profit margins, the third-party investors will probably let them do this.

    2. In many of their market segments, their self-interest isn't as badly aligned with openness as it is for some large companies. With Google's resources, they can afford to make open protocols, avoid a walled-garden approach and allow people to move their data in/out, etc., because they're banking on the competitive advantage of, "go ahead, just try to duplicate this... here, we'll even give you the code and the APIs, now good luck coming up with and setting up / maintaining that much computing power for a lower price than it costs us". This is actually a positive marketing tool in some areas, because a few large companies have gotten burned with data locked into proprietary formats from now-defunct companies, so "we can get our data back out of this thing, right?" is something even companies that don't care about open source are asking these days.

    I agree with you that it's quite possible these will change. If its profit margins start going down, investors will start demanding more "normal corporation" type of stuff to try to prop them up, and the founders and their lieutenants will no longer have complete freedom to do what they'd like. If people seem like they are starting to move off some of the services, Google will come under investor pressure to try to lock them in, or at least to no longer be so nice about helping customers avoid lock-in.