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Submitted by Scott Cleland on Tue, 2012-07-24 19:43
Below are questions for both the EU and Google, given the expected announcement soon of a proposed settlement of Google's alleged antitrust violations.
Questions for the EU:
Non-compliance penalty? Does the EU reserve the right to issue a formal Statement of Objections in the future if Google proves seriously non-compliant with the proposed monopoly abuse enforcement settlement?
Complainant review? What assurances will complainants have to ensure that Google's concessions are meaningful and real, and will not be easily gamed by Google because of the dearth of technical expertise on the EU enforcement staff?
Effect on other EU-Google Antitrust investigations? Will this monopoly abuse enforcement settlement have any effect on the conduct or outcome of the EU's investigation into Google's alleged anti-competitive behavior with Android and/or Google-Motorola's alleged abuse of standards essential patents?
Submitted by Scott Cleland on Mon, 2012-07-23 15:17
Submitted by Scott Cleland on Fri, 2012-06-29 08:59
In preparation for the EU antitrust authorities likely Statement of Objections against Google, Precursor has assembled a primer that answers the top-ten most likely and important questions many will have about the EU's action. Please see the primer here.
Top 10 EU-Google Antitrust Questions & Answers
Submitted by Scott Cleland on Tue, 2012-06-26 11:28
Attorney-Client Privileged Communication
Confidential Memorandum For: Larry Page, Google CEO
From: Google's Mensa Legal & PR Brain Trust
Subject: Recommendation to settle EU/FTC antitrust complaints with a labeling remedy
You tasked us to be more innovative in solving our antitrust problem. We have succeeded. We are now one trick away from absolving Google from all of its antitrust liability.
Our plan is to deploy Google responsibility-evasion algorithm #784923, code-named "Lipstick on a rhino," which our calculations indicate has an 91.265918735% chance of success, given expected temperatures in Brussels, the wing speed of a butterfly in Sumatra, news that Google plans to rank highest, and most importantly the data we have collected and analyzed on the antitrust decision-makers' proclivities and intentions via Google's knowledge of their: search history, website-visits, scanned-emails, wiretapped-routers, hard drive files, DNA sequences, and Google X's artificial intelligence intention-discernment-algorithms.
Many of Google's brightest engineers have read and wholeheartedly support our antitrust-liability-evasion design document, but per company practice none will ever admit to having read it. In addition, a scientific poll of Google's 16,337 PR spokespeople resulted in 102% of them voting yes that they could sell our proposed responsibility-evasion plan to the public.
Submitted by Scott Cleland on Mon, 2012-06-25 09:11
Please don't miss my latest Daily Caller Op-ed: "Why U.S. Communications Law is Obsolete" here.
You won't look at current communications law the same way again.
Submitted by Scott Cleland on Tue, 2012-06-19 17:23
Thanks to Mike Wendy of Media Freedom for capturing my 3 minute explanation of why Netflix' net neutrality complaint to the DOJ against cable broadband usage pricing is specious.
You can view it here.
Submitted by Scott Cleland on Tue, 2012-06-12 11:49
In Google's own words...
FCC Special Access: Communications Obsolete-ism vs Modernism -- My Daily Caller Op-ed (Part 3 in Series)Submitted by Scott Cleland on Fri, 2012-06-08 12:08
Please read my latest Daily Caller Op-ed: "FCC Special Access: Communications Obsolete-ism vs. Modernism" here.
Obsolete Communications Law Op-ed Series:
Part 1: "Obsolete communications law stifles innovation, harms consumers"
Part 2: "The FCC's Public Interest Test Problem"
Precursor Special Access Research Series:
Part 5: "FCC: Forced Access Economics & Selective Math"
Part 4: "Special Access Facts Show More Not Less Competition"
Part 3: "What's the Broadband Plan Implementation Vision? Affirming Competition Policy? Or the Retro-genda?
Part 2: "Special Access Nostalgia for Telecom's Bronze Age is No Path to 21st Century Broadband Leadership"
Submitted by Scott Cleland on Wed, 2012-06-06 09:52
6 June 2012
Dear Joaquín Almunia,
Thank you for your May 21 letter sharing your Google antitrust concerns, and for your offer of discussions to avoid "adversarial proceedings."
In this dispute among equals, we would like to counter with Google's concerns about your antitrust investigation.
First, no matter how many times we explain our business or how slowly we talk, your investigators can't seem to grasp the expanse of our algorithmic genius or the fact that our engineers are higher life forms not bound by the laws of man or nature. Going forward we will only talk to fellow gifted engineers.
Second, the velocity of Google's innovation and the fast-moving nature of these markets mean antitrust authorities can't keep up with us. By the time the EU figures out that we have monopolized one market, we will have monopolized many more. Surrender while you still can. Resistance is futile. Get over it.
Submitted by Scott Cleland on Wed, 2012-05-30 09:18
Kudos to the WSJ for publishing my Letter to the Editor challenging the central assumption of the WSJ editorial questioning antitrust action against Google because consumers benefit from Google's free search. My letter pointed out a false assumption begets a false analogy and an incorrect conclusion.
The text of my letter follows:
"The conclusions of The Competition Versus Google editorial rest on the false market assumption that Google search users are customers when they are not. Consumers using Google search pay Google nothing. Consumers are the product Google sells to advertisers and publishers. This false market assumption begets a false market analogy between the Google and Microsoft antitrust cases, because unlike Google, Microsoft's consumers were also Microsoft’s customers. Free market competition and antitrust law excel at serving customers’ market interests, which may or may not be consumers' interests. Incorrectly conflating these different interests confuses the real market forces and problems at work here."