You are here
Submitted by Scott Cleland on Tue, 2015-04-14 11:11
Just when Google needs it most, its political bag of tricks to dodge antitrust enforcement may be running out.
Reports that the EC is likely to issue a Statement of Objections ruling soon -- that Google is >90% dominant in search and search advertising and has illegally abused that dominance by promoting Google’s content and demoting competitors’ content -- indicates Google finally may be facing a global antitrust inflection point.
A tough EC SO would be a game-changer for Google, like the 2000 U.S. District Court case that ruled Microsoft an anti-competitive monopoly, proved to be a game-changing, global antitrust inflection point for Microsoft.
Substantively on the merits of the EC antitrust case, Google appears to have little room to maneuver. The EC effectively agrees with the FTC’s staff antitrust conclusions per the leaked FTC staff report. That finding is highly problematic for Google because: EU competition law is much tougher than America’s; Google’s relative >90% market dominance in Europe is much greater than in the U.S.; and Google doesn’t have the dominant political influence over Europe that it does with the U.S. Executive Branch.
Submitted by Scott Cleland on Fri, 2015-04-10 13:30
The New York Times’ editorial, “Global Threats to Net Neutrality,” scolds the world for not following the FCC’s nationalistic concept of net neutrality.
They feign shock and indignation that Europe and India would dare think of politically doing what the FCC has done and impose their own national industrial policies -- under the convenient political cover of “net neutrality.”
America’s elites naively imagine that other countries’ authorities don’t “get the joke” of the FCC’s politically-contrived net neutrality policy.
Other countries’ authorities are not as gullible and pliant as American elites imagine them to be.
They know “net neutrality” has become an increasingly vacuous political slogan, whose definition conveniently changes meaning like a chameleon changes colors.
They know the FCC is pressuring them to do as the FCC says and not as the FCC does on net neutrality.
Submitted by Scott Cleland on Tue, 2015-04-07 18:23
Submitted by Scott Cleland on Thu, 2015-03-26 10:54
Please read my latest Daily Callerop-ed entitled: “Unnecessary Collateral Damage from FCC Title II Internet Regulation.”
It explains why collateral damage will begin to pile up because the FCC’s Title II Internet regulation is so destructive and unnecessary.
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Wed, 2015-03-25 16:52
How Consumers, Innovation & Business Will be Collateral Damage of FCC's
Date: March 26, 2015
Location: House Rayburn Building 2218
Time: 2:00 PM - 3:30 PM
Moderator: Scott Cleland, NetCompetition
Submitted by Scott Cleland on Mon, 2015-03-16 11:48
Expect the FCC’s new Open Internet Order’s assertion of Title II authority ultimately to be rejected in court (90%), because of its core illegal confiscatory purpose and its serial ends-justify-the-means trampling of due process.
The FCC’s Title II legal defense is a “modern” day version of “the Emperor has no clothes” fable, where the vain FCC confidently parades in public clothed in the legal fabric that utopian legal alchemists have convinced the FCC is invisible only to those who are “hopelessly stupid” or “unfit for their positions.” Sadly, this emperor (the FCC) has no clothes (sustainable legal case).
Submitted by Scott Cleland on Thu, 2015-03-12 13:14
FOR IMMEDIATE RELEASE
March 12, 2015 Contact: Scott Cleland 703-217-2407
History Will Judge the FCC’s Regulation of the Internet as the FCC’s Biggest Mistake Ever
The FCC’s Order is Unlawful, Unconstitutional, Unwarranted, Unnecessary & Unworkable
WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:
Submitted by Scott Cleland on Wed, 2015-03-11 11:04
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.
Submitted by Scott Cleland on Mon, 2015-03-02 21:51
Link to full White Paper -- here.
The FCC’s Open Internet Order, which reclassified the commercial Internet as a Title II utility, is very likely (80%) in the end, to be overturned in court – for a third time.
The FCC’s legal theory and many core assumptions are so aggressive, it’s clear that the FCC expects, and needs, continual and maximal deference from the court to prevail. The FCC also requires the courts to view the FCC’s most aggressive assertion of unbounded authority ever, as a mere administrative interpretation of ambiguous law, and not a political bypass of Congress and the 1996 Telecom Act.
Submitted by Scott Cleland on Thu, 2015-02-26 13:44
FOR IMMEDIATE RELEASE
February 26, 2015
Contact: Scott Cleland 703-217-2407
Strike Three in Court? FCC’s Rube Goldberg Legal Theory is Contrived, Arbitrary & Unbounded