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Paul Merrell

Christine A. Varney to Participate in Eighth Annual International Competition Network C... - 0 views

  • Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division, will participate in the eighth annual International Competition Network (ICN) conference in Zurich, Switzerland, from June 3-5, 2009. At the conference, senior government antitrust officials, private-sector antitrust experts from around the world, and representatives from intergovernmental organizations will meet to discuss competition issues.
  • The ICN conference will focus on the recent accomplishments of its five substantive working groups which address: unilateral conduct, mergers, cartels, advocacy and competition policy implementation. Conference panels will include discussions on proposed Recommended Practices for Substantive Merger Analysis and the analysis of tying and discounting arrangements, and will promote the general exchange of views regarding competition law and policy among the participants. Members also will finalize work programs for the coming year.
  • In October 2001, the Department of Justice and the Federal Trade Commission (FTC) joined with antitrust agencies from 13 other jurisdictions around the world (Australia, Canada, the European Union, France, Germany, Israel, Italy, Japan, Korea, Mexico, South Africa, the United Kingdom and Zambia) to create the ICN. The ICN now includes 107 member agencies from 96 jurisdictions. The goal of the ICN is to provide a forum for antitrust agencies to address antitrust enforcement and policy issues of common interest and formulate proposals for procedural and substantive convergence through a results-oriented agenda and structure.
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    Look for more Obama Administration antitrust policy announcements to flow from the June 3-5 conference announced here. This is the annual conference where antitrust policy changes can be announced to all competition regulators globally. The Obama Administration will not waste that opportunity.
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

  • Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results
  • Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT
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    The more interesting issue to me is the accusation that Google violates antitrust law by boosting its comparison shopping search results in its search results, unfairly disadvantaging competing shopping services and not delivering best results to users. What's interesting to me is that the Commission is attempting to portray general search as a separate market from comparison shopping search, accusing Google of attempting to leverage its general search monopoly into the separate comoparison shopping search market. At first blush, Iim not convinced that these are or should be regarded as separable markets. But the ramifications are enormous. If that is a separate market, then arguably so is Google's book search, its Google Scholar search, its definition search, its site search, etc. It isn't clear to me how one might draw a defensible line taht does not also sweep in every new search feature  as a separate market.   
Gary Edwards

How a decade of antitrust oversight has changed your PC | ZDNet- Ed Bot - 1 views

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    Summary:  It was 10 years ago this week that Judge Thomas Penfield Jackson ordered Microsoft split in two as a remedy for abusing its Windows monopoly. That judgment was tossed out on appeal, but the eventual antitrust settlement has had plenty of repercussions. From crapware to insecurity, here's my wrap-up of what 10 years of antitrust regulation has really accomplished.
Paul Merrell

christine varney - Programming Blog - 0 views

  • Consumer Watchdog today called on the Justice Department to guarantee that its ongoing antitrust probe of Google’s business practices include an investigation into if the company is manipulating its search results to favor its own products. The nonprofit advocacy group said it sent a letter to Christine Varney, Assistant Attorney General for Antitrust Division, after news that the European Commission had received three complaints against Google alleging the company manipulated search engine results in an anticompetitive way. Also this week U.K. based price comparison site Foundem filed papers with the Federal Communications Commission with examples of how Google products were allegedly favored in its search results.
  • ongoing antitrust probe of Google’s business practices include an investigation into if the company is manipulating its search results to favor its own products. The nonprofit advocacy group said it sent a letter to Christine Varney, Assistant Attorney General for Antitrust Division, after news that the European Commission had received three complaints against Google alleging the company manipulated search engine results in an anticompetitive way. Also this week U.K. based price comparison site Foundem filed papers with the Federal Communications Commission with examples of how Google products were allegedly favored in its search results.
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    If the evidence supports the allegations, this is a plausible antitrust theory, a company with a dominant market position leveraging that position into new markets via integration. In essence this is the same theory as that applied against Microsoft's bundling and integration of Windows, Internet Explorer, and Windows Media Player.  
Paul Merrell

Oracle to gain quick OK for Sun purchase (Dealscape - Pipeline) - 0 views

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    The Justice Department's antitrust division is preparing to give a quick thumbs up to Oracle Corp.'s proposed $7.4 billion purchase of Sun Microsystems Inc., according to a lawyer briefed on the case. Swift approval surprises the many antitrust experts who predicted a long, scathing review. A difficult investigation was expected for two key reasons. First, Assistant Attorney General Christine Varney, who has a special area of expertise in high technology matters, rode into office promising vigorous antitrust enforcement. Second, skepticism lingers among DOJ staff about Oracle's business practices. Oracle CEO Larry Ellison thwarted the DOJ in 2004 when he defeated an attempt by the agency to block his purchase of rival PeopleSoft Inc.
Paul Merrell

States to launch antitrust investigation into big tech companies, reports say | TechCrunch - 0 views

  • The state attorneys in more than a dozen states are preparing to begin an antitrust investigation of the tech giants, The Wall Street Journal and The New York Times reported Monday, putting the spotlight on an industry that is already facing federal scrutiny.The bipartisan group of attorneys from as many as 20 states is expected to formally launch a probe as soon as next month to assess whether tech companies are using their dominant market position to hurt competition, the WSJ reported.If true, the move follows the Department of Justice, which last month announced its own antitrust review of how online platforms scaled to their gigantic sizes and whether they are using their power to curb competition and stifle innovation. Earlier this year, the Federal Trade Commission formed a task force to monitor competition among tech platforms.
Paul Merrell

The Past Clouds the Future of Europe's New Antitrust Enforcer - Vox - 0 views

  • Joaquin Almunia left his job as the E.U.’s economics and monetary affairs commissioner this month to become antitrust chief.
  • Christine Varney, the head of the antitrust division at the United States Justice Department, warned European regulators in a speech on Monday to restrict imposing obligations to the European Union on American companies that are doing business globally.Regulators in Europe are under pressure from governments, media companies and technology developers to blunt the market power that Google has amassed by running the world’s most popular Internet search tools.
  • Mr. Almunia also will need to resolve whether to give greater freedom to online merchants like eBay and Amazon which, like Google, are based in the United States. Some specialty goods and luxury goods brands, in particular LVMH of France, have lobbied hard to require that merchants have traditional shops as a precondition for selling goods over the Internet.
Paul Merrell

Excite News - EU files antitrust charges against Google - 0 views

  • BRUSSELS (AP) — The European Union's competition chief is filing an antitrust complaint alleging Google has been abusing its dominance in Internet searches and is opening a probe into its Android mobile system.EU Competition Commissioner Margrethe Vestager said Wednesday she is "concerned that the company has given an unfair advantage to its own comparison shopping service."Vestager said the separate antitrust probe into Android will investigate whether the Internet giant relies on anti-competitive deals and abuses its dominant position in Europe's mobile market.Vestager said her chief goal was to make sure multinationals "do not artificially deny European consumers as wide a choice as possible or stifle innovation".Google's general counsel Kent Walker wrote late Tuesday that a "statement of objections" to Google's business practices was to be released by Vestager Wednesday.
Paul Merrell

Explainer: What Google, Facebook could face in U.S. antitrust probe - Reuters - 0 views

  • The U.S. Department of Justice is investigating whether big technology companies are engaged in anticompetitive behavior, addressing a rising tide of criticism they have become too powerful to the detriment of consumers.
  • The Justice Department has said it will investigate “whether and how” online platforms in “search, social media, and some retail services online” are engaging in behavior that stifles competition and harms consumers. While the Justice Department did not name any targets in announcing the probe on Tuesday, sources have indicated Alphabet Inc’s Google, social media giant Facebook Inc, online retailer Amazon.com Inc and possibly Apple Inc will likely be reviewed. Here’s what regulators could focus on at the big technology companies:
Paul Merrell

Gmail blows up e-mail marketing by caching all images on Google servers | Ars Technica - 0 views

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    There's an antitrust angle to this; it could be viewed by a court as anti-competitive. But given the prevailing winds on digital privacy, my guess would be that Google would slide by.
Gary Edwards

Microsoft Bad. Judge Jackson Worse. - Dahlia Lithwick - Slate Magazine - 0 views

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    Microsoft today won the skirmish, the battle, and--in light of the leanings of a Bush/Ashcroft Justice Department--probably the war, in its fight against the pesky antitrust suit that's been nipping at its heels. With much of the decision accusing the behemoth of violating the Sherman Act exploded, Microsoft may now go down in history as the Little Monopolist That Could. In the short run, they've bought more time. In the medium run, settlement is probably inevitable, and in the long run, they have almost no possibility of a breakup. Not a bad day's work for a busy monopolist. (Full disclosure: Microsoft publishes Slate.)
Paul Merrell

Antitrust Probe Targets Tech Giants, Sources Say - washingtonpost.com - 0 views

  • 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 the search engine giant Google; its competitor Yahoo; Apple, maker of the popular iPhone; and the biotech firm Genentech, among others, according to the sources, who spoke on condition of anonymity because the investigation is ongoing.
Paul Merrell

Antitrust Chief Hits Resistance in Crackdown - NYTimes.com - 0 views

  • WASHINGTON — President Obama’s top antitrust official and some senior Democratic lawmakers are preparing to rein in a host of major industries, including airline and railroad giants, moving so aggressively that they are finding some resistance from officials within the administration.
    • Paul Merrell
       
      Predictable. Government regulatory agencies tend to become dominated by the regulated industries in no small part due to the "revolving door" that sees particular officials shuttling back and forth between working for industry and government. As former Senator Scoop Jackson said, the perennial problem with regulatory agencies is who will police the police? Now the Obama Administration's antitrust reformers hit the obstacle of regulatory agency bias toward the regulated industries. The monopolists fight back.
Paul Merrell

Microsoft's EU Offer Gets Cautious Welcome From Rivals - PC World - 0 views

  • One industry source closer to Microsoft believes the software giant has lost its will to fight in its long-running antitrust battle in Europe. "They don't have the appetite to fight anymore. Now their aim is to settle up and make sure that other technology firms, like Google and IBM, are held to the same antitrust standards," said a person familiar with Microsoft's thinking who asked not to be named.
Paul Merrell

Trump Declares War On Silicon Valley: DoJ Launches Google Anti-Monopoly Probe | Zero Hedge - 0 views

  • Just before midnight on Friday, at the close of what was a hectic month for markets, WSJ dropped a bombshell of a story: The paper reported that the DoJ has opened an anti-trust investigation of Alphabet Inc., which could "present a major new layer of regulatory scrutiny for the search giant, according to people familiar with the matter." The report was sourced to "people familiar with the matter," but was swiftly corroborated by the New York Times, Bloomberg and others. For months now, the FTC has appeared to be gearing up for a showdown with big tech. The agency - which shares anti-trust authority with the DoJ - has created a new commission that could help undo big-tech tie-ups like Facebook's acquisition of Instagram, and hired lawyers who have advanced new anti-monopoly theories that would help justify the breakup of companies like Amazon. But as it turns out, the Trump administration's first salvo against big tech didn't come from the FTC; instead, this responsibility has been delegated to the DoJ, which has reportedly been tasked with supervising the investigation into Google. That's not super surprising, since the FTC already had its chance to nail Google with an anti-monopoly probe back in 2013. But the agency came up short. From what we can tell, it appears the administration will divvy up responsibility for any future anti-trust investigations between the two agencies, which means the FTC - which is already reportedly preparing to levy a massive fine against Facebook - could end up taking the lead in those cases.
  • Though WSJ didn't specify which aspects of Google's business might come under the microscope, a string of multi-billion-euro fines recently levied by the EU might offer some guidance. The bloc's anti-trust authority, which has been far more eager to take on American tech giants than its American counterpart (for reasons that should be obvious to all), has fined Google over its practice of bundling software with its standard Android license, the way its search engine rankings favor its own product listings, and ways it has harmed competition in the digital advertising market. During the height of the controversy over big tech's abuses of sensitive user data last year, the Verge published a story speculating about how the monopolistic tendencies of each of the dominant Silicon Valley tech giants could be remedied. For Google, the Verge argued, the best remedy would be a ban on acquisitions - a strategy that has been bandied about in Congress.
Paul Merrell

"In 10 Years, the Surveillance Business Model Will Have Been Made Illegal" - - 0 views

  • The opening panel of the Stigler Center’s annual antitrust conference discussed the source of digital platforms’ power and what, if anything, can be done to address the numerous challenges their ability to shape opinions and outcomes present. 
  • Google CEO Sundar Pichai caused a worldwide sensation earlier this week when he unveiled Duplex, an AI-driven digital assistant able to mimic human speech patterns (complete with vocal tics) to such a convincing degree that it managed to have real conversations with ordinary people without them realizing they were actually talking to a robot.   While Google presented Duplex as an exciting technological breakthrough, others saw something else: a system able to deceive people into believing they were talking to a human being, an ethical red flag (and a surefire way to get to robocall hell). Following the backlash, Google announced on Thursday that the new service will be designed “with disclosure built-in.” Nevertheless, the episode created the impression that ethical concerns were an “after-the-fact consideration” for Google, despite the fierce public scrutiny it and other tech giants faced over the past two months. “Silicon Valley is ethically lost, rudderless and has not learned a thing,” tweeted Zeynep Tufekci, a professor at the University of North Carolina at Chapel Hill and a prominent critic of tech firms.   The controversial demonstration was not the only sign that the global outrage has yet to inspire the profound rethinking critics hoped it would bring to Silicon Valley firms. In Pichai’s speech at Google’s annual I/O developer conference, the ethical concerns regarding the company’s data mining, business model, and political influence were briefly addressed with a general, laconic statement: “The path ahead needs to be navigated carefully and deliberately and we feel a deep sense of responsibility to get this right.”
  • Google’s fellow FAANGs also seem eager to put the “techlash” of the past two years behind them. Facebook, its shares now fully recovered from the Cambridge Analytica scandal, is already charging full-steam ahead into new areas like dating and blockchain.   But the techlash likely isn’t going away soon. The rise of digital platforms has had profound political, economic, and social effects, many of which are only now becoming apparent, and their sheer size and power makes it virtually impossible to exist on the Internet without using their services. As Stratechery’s Ben Thompson noted in the opening panel of the Stigler Center’s annual antitrust conference last month, Google and Facebook—already dominating search and social media and enjoying a duopoly in digital advertising—own many of the world’s top mobile apps. Amazon has more than 100 million Prime members, for whom it is usually the first and last stop for shopping online.   Many of the mechanisms that allowed for this growth are opaque and rooted in manipulation. What are those mechanisms, and how should policymakers and antitrust enforcers address them? These questions, and others, were the focus of the Stigler Center panel, which was moderated by the Economist’s New York bureau chief, Patrick Foulis.
Paul Merrell

Google Caves to Russian Federal Antimonopoly Service, Agrees to Pay Fine - nsnbc intern... - 0 views

  • Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.
  • In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.
Paul Merrell

AT&T Mobility LLC, et al v. AU Optronics Corp., et al :: Ninth Circuit :: US Courts of ... - 0 views

  • Justia.com Opinion Summary: Plaintiffs alleged that they purchased billions of dollars worth of mobile handsets containing defendants' LCD panels and that the prices they paid for those handsets were artificially inflated because defendants had orchestrated a global conspiracy to fix the prices of LCD panels. The district court certified to the court pursuant to 28 U.S.C. 1292(b) "the question whether the application of California antitrust law to claims against defendants based on purchases that occurred outside California would violate the Due Process Clause of the United States Constitution." Because the underlying conduct in this case involved not just the indirect purchase of price-fixed goods, but also the conspiratorial conduct that led to the sale of those goods, the court answered in the negative. To the extent a defendant's conspiratorial conduct was sufficiently connected to California, and was not "slight and casual," the application of California law to that conduct was "neither arbitrary nor fundamentally unfair," and the application of California law did not violate that defendant's rights under the Due Process Clause. Therefore, the court reversed the district court's order dismissing plaintiffs' California law claims and remanded for further proceedings.
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    This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    
Paul Merrell

EUROPA - Press Releases - Antitrust: Commission opens proceedings against MathWorks - 2 views

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    Commission v. MIcrosoft Redux.
Gary Edwards

Microsoft's Cracked Windows: How The World's Technology Juggernaut Lost Its Buzz And Be... - 1 views

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    Excellent article on the surprising decline and increasing irrelevance of Microsoft. excerpt: All of this has diminished the biggest number of all: After reaching a peak market capitalization of $642 billion in September 2000, Microsoft's worth has been sliced in half. These reversals have occurred even as Microsoft has spent astronomic sums on research and development--$8.7 billion in the last year alone. Microsoft has also lost ground in key areas in which the Redmond giant had viable contenders well before the competition. Microsoft saw the potential of television in the mid-1990s with WebTV, years before companies like Apple and Google took up the battle for the living room. In short, changing appetites of the marketplace, technological evolution and questionable decision-making inside Microsoft itself have combined to accomplish what antitrust regulators never did: rolling back the company's dominance and opening the terrain for newer, nimbler entrants.
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