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Why FTC Can't Responsibly End the Google Search Bias Antitrust Investigation -- Part 11 Google Unaccountability Series

Press reports indicate that some at the FTC may be questioning if there is sufficient evidence to prove in court the search bias charges recommended by FTC prosecutors. What the media surprisingly has yet to report is that the FTC still has not yet gained access to the thousands of known and likely most-incriminating Google emails and documents that Google has withheld from antitrust investigators -- per the Texas Attorney General's petition to a Federal Court last June.

Intimations that there is no search bias case to prosecute when Google clearly has stonewalled and not fully cooperated with antitrust investigators impugns the integrity of the FTC law enforcement process. These intimations also suggest that Google thinks that its case will be not be decided on the law, merits and evidence, but on political pressure it can bring to bear on the prosecution decision or settlement process.

See My New Presentation -- Modern Beats Obsolete in Spurring Economic Growth and Innovation

Please see my new power point presentation here entitled: "Modern Beats Obsolete in Spurring Economic Growth and Innovation -- Modernize Obsolete Communications Law and Spectrum Management." It is the culmination of a year of research and presents very powerful evidence of how woefully obsolete and absurdly dysfunctional America's communications policy has become.

This neglected problem has been bipartisan in the making over sixteen administrations and dozens of Congresses. It also will take a long-term bipartisan effort to correct. It will only become increasingly imperative to do so as more and more of our economy and society depends on a fully modern mobile Internet.

After reading this presentation you won't be able to look at current American communications policy in the same way again. America's got a lot of work to do to ensure our leadership in the Internet and high tech continues and is not slowed by the nonsensical and unnecessary drag on investment, innovation and growth of obsolete law and spectrum resource management.

Please don't miss the charts. An outline of the presentation follows:

A Welcome Catalyst for Modernizing Obsolete Communications Law and Regulation -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "A Welcome Catalyst for Modernizing Obsolete Communications Law & Regulation" -- here.

  • This is part 15 of my Obsolete Communications Law research series.

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Obsolete Communications Law research series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

Google News-ster, Books-ster, YouTube-ster, Android-ster -- Google's Disrespect for Property Part 13

Newspaper and magazine interests in Germany, France, and Brazil are fighting back against Google News' monetization of their headlines and property without compensation by urging lawmakers to pass laws requiring royalties or revenue sharing for ancillary copyright use of their core product news, per AP and NYT reports.

This piece supports three conclusions.

Why the 1996 Telecom Act's Unbundling Model is Obsolete -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "Why the 1996 Telecom Act's Unbundling Model is Obsolete" -- here.

  • This is part 14 of my Obsolete Communications Law research series.

*****

Obsolete Communications Law research series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

"Pro-trust" EU Competition Remedies for Google's Antitrust Violations

Google remains its own worst enemy in trying to resolve EU antitrust charges.

In early 2012, when Google was trying to convince EU antitrust authorities that enforcement action against Google's search practices -- preferring its own content in search ranking over competitors -- would only harm consumers and was unnecessary because competition was but "a click away" for consumers, Google announced it would consolidate 60 privacy policies without user permission or user choice to opt-out, and then did it a month later, over the EU's strong objections.

This was a flagrant strategic mistake because: first the EU prides itself for strong consumer privacy laws and privacy protections; second the EU fully-understands that consumers' privacy is the de facto currency that Google uses to propel its monopoly; and third Google's primary antitrust defense is that they are the ones that are best looking out for consumers interests and that consumers have plenty of choice.

Will Google Become SoftBank-Sprint's Silent Partner?

Like most analysts, I am not persuaded by the stated rationale and synergies SoftBank has put forth to justify its acquisition of Sprint. At bottom the deal is financial engineering: balance sheet and exchange rate arbitrage; and market timing. It appears to be a financial partnership, not the stated strategic partnership.

SoftBank hopes its shareholders will imagine that the 2013 and beyond U.S. experience of a maturing wireless smart-phone market and Sprint's late-iPhone-entrant role will somehow be analogous to SoftBank's iPhone first-mover experience in 2008 Japan. That's like asserting rock-climbing uphill is analogous with sliding downhill because they both involve hills.

U.S. Falling behind the World in Auctioning Broadband Spectrum -- My Daily Caller Op-ed

See my latest Daily Caller Op-ed: "U.S. Falling behind the World in Auctioning Broadband Spectrum" here.

This is part 12 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

An FTC Googleopoly Get out of Jail Free Card? -- Part 7: Google Unaccountability Series

Connecting the dots, Google may gain a de facto Monopoly® "Get out of Jail Free" antitrust settlement from the FTC before the election. Bloomberg reports that the FTC has pushed to move up the conclusion of its antitrust investigation from "end of the year" to mid-September. Assuming that report is accurate, it has big implications. Let's connect the dots.

First, the sudden acceleration of the endgame of the FTC investigation strongly suggests external circumstances (i.e. the EU-Google antitrust settlement negotiations timetable) are driving the timing/outcome of the FTC's Google investigation, given that the EU and Google reportedly reached an "understanding" in late July that could result in a settlement of antitrust charges. This suggests the FTC is considering becoming a tagalong to the EU settlement, despite the very different law and process in the U.S.

The FCC's 1887 Railroad Regulation Mindset -- My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "The FCC's 1887 Railroad Regulation Mindset" here. This piece is part 10 of my Obsolete Communications Law research series.

*****

Obsolete Communications Law Op-ed Series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

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Q&A One Pager Debunking Net Neutrality Myths