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Fines Alone Don’t Deter Google

EU officials, who believe normally-big-fines by themselves will be enough to deter Google’s illegal antitrust and privacy abuses, are making a profound miscalculation about what actually motivates and deters Google.

Google’s leadership is not motivated primarily by money, but overwhelmingly by the power and influence of “changing the world” by scaling most every facet of data, computing, and connectivity, first and fastest.

Google’s leadership understands the Internet marketplace is really a simple first-mover race to scale -- and that any fines along the way, without serious limits on Google’s power, are insignificant nuisances.       

Google is unlike any other company EU law enforcement has confronted.

Intimidation is “How Google Works” -- Ask State AGs or EU

After successfully taming the FTC and the DOJ via the intimidation of politically placing seven former Google executives or consultants in senior positions in most every major federal policy or law enforcement area of legal or commercial interest to Google Inc., Google has turned its intimidation modus operandi on the only American law enforcement arm that apparently remains willing to investigate and enforce the law when it comes to Google – state attorneys general.

The FTC-Created Google Android Mobile Monopoly is Anti-Privacy by Design

 

A succession of demonstrably wrong and lax antitrust decisions by the FTC has created a 90% market share Android mobile monopoly in licensed mobile operating systems that is anti-privacy by design, because Google’s ill-gotten mobile advertising dominance demands bulk data collection of Android users’ app metadata and private information without users meaningful knowledge or consent.

New Google Antitrust Dictionary Words for 2015 – A Satire

A Satirical Merriam-Webster Press Release

A Sample of New Google Antitrust-Relevant Dictionary Words for 2015

SPRINGFIELD, MASS., June 3, 2015Gconomy, Gclipse, Gvolution, Gvil, Goobris and other Google antitrust-relevant words join over 1700 new words and definitions added to Merriam-Webster's Collegiate Dictionary in 2015, available now in print and online at Merriam-Webster.com. These new additions to America's best-selling dictionary reflect the growing influence Google is having on human endeavor.

Gconomy – Google’s system for the management and development of the three most important factors of production going forward: information, connectivity, and computing power; or, the fastest growing part of the economy.

Google Android has 90% OS share because Apple iOS isn’t a direct competitor

Surprise! Google-Android is as dominant as Google search in the EU and much more so in the U.S.

Not only does Google face substantial business risk from the EU concluding Google has abused its 90% search dominance by favoring Google Shopping over competitors in Google search results, but Google’s future business in mobile also faces substantial business risk from the EU likely concluding in its investigation of alleged Android abuses of dominance, that Google-Android has >90% mobile operating system (OS) market share because Apple iOS is not an Android competitor for antitrust purposes.

Google-Android faces much more antitrust risk than conventional wisdom appreciates because antitrust law and precedent can define relevant market boundaries very differently than consumer-oriented industry researchers, investment analysts, or the media do for their particular purposes, which can yield a surprisingly dominant market share in this particular antitrust case.

Irresponsibility is How Google Works - No Curation of Google Maps or Google

The latest example of Google’s well-established pattern of callous corporate irresponsibility and willful blindness is reporting by the Washington Post that: “If you search Google Maps for the N-word, it gives you the White House.

Tellingly, Google’s corporate policy of crowd-sourcing without curation/corporate supervision of Google Maps systemically yields racist labels for innumerable places per Danny Sullivan’s analysis of the pervasive problem at MarketingLand.  

Googlegate Email Shows FTC an Extension of Google’s Lobby/Press Operation

Consider the new ‘smoking gun’ evidence of Google’s “undue political influence” over the FTC, concerning the FTC’s abrupt and unusual closure of the FTC-Google antitrust investigation in January of 2013.

Big Holes in Google’s EU Antitrust Defense

Google’s EU antitrust defense suffers from “Goobris,” a new word because “hubris” is not big enough to describe the behavior of a single company that denies it is dominant in Europe when it commands >90% share of search, >90% share of search advertising in part via Google Analytics 98% share of ad tracking of Europe’s websites,  and 5 of the top 6, billion-user, universal web platforms: search, video, mobile, maps, and browser.

ObamaNet vs EuroNet -- “Competing” Protectionist Industrial Policies

The US-EU “competition” of protectionist digital industrial policies -- U.S. Title II net neutrality vs. the EU’s emerging “platform neutrality” plans -- creates an ironic backdrop to negotiations for the US-EU Transatlantic Trade and Investment Partnership (TTIP) “free” trade agreement. Heightening the irony, the Obama Administration, not the European Commission, has been the protectionist digital industrial policy leader, trailblazing the political path for the EU’s Single Digital Market to follow.  

At least on the digital markets front, TTIP will be much less a commercial “free” trade negotiation and much more a political “fair” trade negotiation.    

The U.S. has long set the tone and trajectory for this digital “fair” trade dynamic in championing net neutrality to protect its Silicon Valley national champions, Google, Facebook, Amazon, Apple, Netflix, etc., and by skewing antitrust enforcement to benefit Google and Silicon Valley.

EU Charges Spotlight Google’s Self-Dealing Power

Facts belie Google’s rote denials that it is dominant, and that favoring its own content over competitors is anti-competitive in the EU. As this post will prove below, the public facts are overwhelming that Google is dominant and self-dealing.

But first, look closely and witness that the entirety of Google’s antitrust defense is essentially political -- that the EU’s antitrust law and precedent shouldn’t be different or tougher than America’s. Specifically, Google essentially is arguing that the EU shouldn’t have a lower market share threshold to be legally considered dominant and the EU shouldn’t have presumption in law that if dominant, the dominant company has “a special responsibility not to allow its conduct to impair competition on the common market.”

That’s wishful whining; it is not a legal antitrust defense in Europe.

It is only fitting that Google faces a Danish prosecutor in EC VP Margrethe Vestager. That’s because Google currently is acting out the role of emperor in the most famous Danish fable by Hans Christian Anderson, the “The Emperor’s New Clothes.”

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Q&A One Pager Debunking Net Neutrality Myths