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America’s Antitrust Enforcement Credibility Crisis – White Paper

Below is the abstract of my new antitrust white paper, which can be accessed in full here.

I will present it at the Capitol Forum CQ 4th annual tech competition conference in New York City Wednesday on “Obstacles to Antitrust Enforcement.”

It is also a timely and relevant addition to the Senate Judiciary Antitrust Subcommittee hearing Wednesday in Washington D.C. on “The Consumer Welfare Standard in Antitrust: Outdated or a Harbor in a Sea of Doubt?” because it discusses how the Chicago School antitrust consumer welfare standard remains sound as is, but warns that its application to Internet intermediary platforms is being badly distorted by America’s Internet-first industrial policy and its longstanding Internet competition double standard.

Many will find the 27-page white paper with >150 cites, a very helpful, up-to-date, overview and fact set on the current badly troubled state of competition and antitrust in the marketplace today.

A White Paper

State Attorneys General Can Expose Google’s Pervasive Anti-Consumer Practices -- My Daily Caller op-ed

 

Please don’t miss my latest Daily Caller op-ed, “State Attorneys General Can Expose Google’s Pervasive Anti-Consumer Practices.”

 

Google Amazon & Facebook are Standard Monopoly Distribution Networks

 

Washington increasingly is asking what are Google, Amazon, and Facebook?

That’s because they seem to be in the middle of many vexing problems spanning culture, politics, civility, economics, competition, jobs, investment, national security, public safety, consumer welfare, etc.

At core, Google, Amazon, and Facebook are unregulated, economy-wide, distribution networks, that de facto are taking control over core economic processes.

They are modern-day Standard Oils. Google is Standard Data. Amazon is Standard Commerce. Facebook is Standard Social.

Doubt it? Consider reality.

Standard Data: Alphabet-Google is the distribution network for over 4 billion search users, 2 billion Android devices, 15 million publisher partners, 5 million advertiser clients, and 400,000 Android developers. Google’s network has over 200 data-capturing products and services, 15 of the world’s fastest, highest-capacity data centers, and 2000 server points of presence in over 150 countries.

Google commands 19 of the top 25 Android apps downloaded over a billion times including: Search, Play, Gmail, Maps, YouTube, Google+, Text-to-Speech, Chrome, Play Books, Play Games, Play Music, Play Newsstand, Play Movies & TV, Drive, Photos, and StreetView.

Treat Cause Not Symptom of Google & Facebook’s Election Unaccountability -- Daily Caller Op-ed

Please don’t miss my Daily Calller op-ed: “Treat The Cause Not the Symptom of Google & Facebook’s Election Unaccountability.”

Google’s Government Influence Nixed Competition for Winner-Take All Results

Facts are stubborn things.

Know what one finds when one puts the evidence of Google’s many antitrust, IP, and privacy offenses into one telling timeline of what Google did from 2008-2017?

One sees a tale of two terms. Commendably, the evidence shows the first Obama Administration term featured very tough antitrust, IP, and privacy law enforcement against Google. Sadly, the second term was the direct opposite – featuring virtually no antitrust, IP, or privacy law enforcement against Google.

Know what one finds when one overlays the telling timeline of improper influence of Google’s Government Guardians, i.e. senior Google executives and outside counsels placed in all the right places to protect and advance Google’s business -- with the timeline of Google’s antitrust, IP, and privacy law enforcement problems?

One can see predictable patterns. Shortly after Google Guardians show up, those Google’s government problems go away. Same administration, different personnel, near completely opposite outcomes. It’s a quintessential example of the old Washington adage that “personnel is policy.”

The Power of Facebook, Google & Amazon Is an Issue for Left & Right; Op-Ed

Please don’t miss my Buzzfeed Op-Ed on: “The Power of Facebook, Google & Amazon Is an Issue for Left & Right” -- because it would hold abuses of unaccountable power accountable.

Be sure to see the surprising effect that Google, Amazon, and Facebook, i.e. the “intermedia,” have had on U.S. economic growth 2012-2016!

 

 

 

How the Internet Cartel Won the Internet and The Internet Competition Myth

Summary: The substantial evidence catalogued here provides proof of the Internet’s cartelization, extreme concentration, winner-take-all tendencies, and mythical competition. The public data shows that the tacit Internet cartel of Google, Amazon and Facebook is 7-8 times more concentrated than the top three offline companies and that the top ten Internet economy companies are >10 times more concentrated than the top ten offline economy companies.

Public data that Google, Amazon, and Facebook have acquired ~350 potential competitors and the Internet Association overall has acquired ~900 potential competitors, indicates that the apparent cartelization of Internet companies’ investment, acquisition, and innovation processes ensure no innovative “garage startup” has a plausible competitive opportunity to seriously threaten the Internet cartel’s dominance.

Public data also ironically shows that almost all the Internet Association’s members are anti-competitively threatened by one of more of the Google, Amazon, or Facebook, winner-take-all online onslaughts.

U.S. antitrust authorities have enabled a cartelized and extremely concentrated Internet by taking their eye off the purpose of antitrust law -- protecting the process of competition, by first protecting the process of innovation by dominant online platforms.

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Google-Facebook Ad Cartel’s Collusion Crushing Competition Comprehensively

 

Why are none of Google’s many paid experts not publicly defending Google and Facebook’s 2014 decisions to stop competing against each other in search and social? And why are they not trumpeting the pro-consumer, pro-innovation, and increased efficiency benefits of accelerating their digital advertising dominance since those decisions?

The silence is telling, and maybe even suspicious, given the DOJ cartel enforcement “what to look for”  primer.

Why Amazon and Google Are Two Peas from the Same Monopolist Pod

Summary: Amazon’s monopolization ambitions, strategies, and tying tactics are eerily like Google’s.  Both these companies likely have not earned their respective dominances purely on merit, but also via illegal anti-competitive behaviors.

At a minimum, Amazon’s proposed acquisition of WholeFoods warrants an FTC “second request” for information, i.e. a fuller antitrust investigation of whether the acquisition could “substantially lessen competition” in any implicated relevant markets.

How the Google-Facebook Ad Cartel Harms Advertisers, Publishers & Consumers

How much smoke and fire must there be, and how many people must get burned, before the fire department will investigate and put out a forest fire?

Apparently, a lot, if the forest fire is in the digital ad market that Google and Facebook dominate, and U.S. antitrust authorities are the firefighters.

Where’s the fire here?

Google and Facebook, which don’t directly compete in search and social, together dominate over 70% of the digital advertising market. They also dominate about 80% of online referral traffic, the online oxygen upon which every Internet publisher depends for survival.

After fiercely competing directly with each other in search and social in 2013 and 2014, Google and Facebook abruptly and quietly stopped competing against each other in 2014 with no explanation.

Since then, Google and Facebook have accelerated their capture of almost all digital ad revenue growth and profitability, exposing that Google and Facebook have become a de facto cartel that has illegally divided up the digital advertising space.

In 2014, Google and Facebook apparently decided they could each optimize their growth and profitability by colluding as dominant market complements to each other, rather than competing head-to-head as less efficient search-social competitors.

The economic motivation behind Google and Facebook’s apparent illegal market division is this.

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Q&A One Pager Debunking Net Neutrality Myths