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stories filed under: "anti-trust"
Politics

Politics

by Mike Masnick


Filed Under:
anti-trust, behavioral advertising, broadband, competition, ftc, jon leibowitz, transparency



New FTC Chair's Views On Google, Broadband Competition And Behavioral Advertising

from the sounds-decent-so-far... dept

We've been receiving a series of different reports from different folks about a recent interview that new FTC boss, Jon Leibowitz, gave on CSPAN. Leibowitz has been in the FTC for a while, though, he's yet another former entertainment industry lobbyist in the administration (he was VP of Congressional Affairs for the MPAA from 2000 to 2004). So far, however, he seems to be taking quite reasonable positions on a variety of topics (though, some questionable views on other areas). Questioned about Google's dominance in the market (something that the FTC has been investigating for a while now), he pointed out that dominance is "the American way" and not necessarily an antitrust violation:

Google has certainly has a dominant position in search advertising. There's no doubt about that. From our perspective, just having a dominant position doesn't in any way violate the law. It's if you do something -- as the Justice Department in the 1990s alleged that Microsoft did -- to exclude competitors illegally, that's when it becomes a problem.

If you get to a dominant position or a monopoly position by virtue of your own acumen, that's really the American way.
Then there's broadband competition, where he definitely does appear to be concerned about the lack of competition and the lack of transparency from current broadband providers:
We believe consumers need to have notice and consent about what they're getting. It's very, very important that these providers tell consumers about the speed they're getting, and whether (ISPs) are making any types of management decisions in terms of the network that affect consumers....

In a perfect marketplace where you had more competitors, you wouldn't need the government necessarily to be terribly involved. Particularly in the consumer protection area, we have a big roll to play. Broadband is a deregulated product. That's good, we like deregulation generally. But when you have deregulation, you also have law enforcement to make sure people do the right thing.
And, then, there's the question of behavioral advertising, where he believes that opt-in, rather than opt-out, makes a lot of sense:
I think some of the more enlightened companies do do opt-in. I think a lot of them don't. I think the better practice is always opt in.
On the whole, then, he seems to not be too quick to bash companies for being successful, and seems to recognize that competition and transparency are important issues. Those are all good things. There are some fears however, that he's a bit quick on the trigger when it comes to regulating over that behavioral advertising issue, and doesn't seem to mind metered broadband, so long as customers know what they're getting.

13 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anti-trust, book sales, print on demand

Companies:
amazon



Class Action Lawsuit Filed Against Amazon For Blocking Out Other Print On Demand Providers

from the had-to-see-that-coming dept

Back in March, we wrote about Amazon's surprise decision to only sell print-on-demand books that were serviced through Amazon's own print-on-demand system. This upset an awful lot of book authors who used alternatives and felt that Amazon was blocking them out and forcing them to use a solution they didn't like very much. Amazon tried to quell the anger by explaining the reasoning and saying that authors could still use other POD solutions if they supplied Amazon with an inventory of five books (which sort of defeats the purpose of POD). So, it should come as little surprise that a class action lawsuit has been filed against Amazon, claiming that it's violating anti-trust laws in blocking out other POD suppliers. It may be difficult to prove an actual anti-trust violation -- but no matter what the result, it's rather surprising that Amazon would do this, as the company had to know it would piss off a lot of authors who have been huge supporters of the site for many years. It's hard to see how the trouble of having to fulfill from other POD providers could really be worth that much anger and ill-will.

11 Comments | Leave a Comment..

 
Politics

Politics

by Timothy Lee


Filed Under:
anti-trust, politics

Companies:
doubleclick, google



Shocker: Politicians Play Politics With Antitrust Law

from the everybody-pony-up dept

Declan McCullagh has a great post pointing out Congressional Republicans' recent flip-flop on antitrust scrutiny of big corporate mergers. During the telecom consolidations of the last few years, powerful Republicans like Joe Barton and Fred Upton pressed regulatory agencies to approve the mergers quickly with minimal scrutiny. But now that Google wants to buy DoubleClick, House Republicans have gotten the antitrust religion. A letter signed by 12 Republican Congressmen, including former House Speaker Denny Hastert, demands that the House commence hearings on the Google-DoubleClick proposal because "the privacy implications of such a merger are enormous." As Declan astutely observers, the telecom companies that Republicans waved through last year gave generously to Republican legislators, whereas Google's board and senior executives have tended to give to Democrats. It seems like there might be a connection there.


As troubling as this behavior is, we shouldn't be too surprised. Antitrust law was supposed to be about preventing any one company from accumulating excessive market power, but regulators have long been in the habit of considering factors far afield from the proposed company's market share. Earlier this year, 70 Congressmen urged the FCC to block the XM-Sirius merger on the laughable theory that the merged company wouldn't have any competition, an argument that was being pushed primarily by XM and Sirius's many competitors in the terrestrial radio business. And last fall the two Democratic members of the FCC used the AT&T-Bell South merger as a pretext to force AT&T to accept network neutrality rules for 30 months, despite the fact that antitrust law doesn't say anything about network neutrality.

Even if you like network neutrality rules or are worried about the privacy implications of the DoubleClick deal, you should be even more troubled at the way this ad hoc process undermines the rule of law. It's Congress's job to pass new regulations on subjects like network neutrality and privacy. When Congress passes legislation, it applies equally to everyone in the industry, limiting favoritism. But the way the antitrust process currently works gives politicians and bureaucrats the opportunity to single out individual companies for special treatment. If a company hasn't given enough campaign contributions to the right members of Congress (as XM and Sirius hadn't), its merger request is likely to be weighed down with a raft of burdensome conditions, or denied altogether on spurious grounds. Behavior like we've seen from the House Republicans will be commonplace as long as regulators have virtually unchecked authority to approve or reject mergers.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

8 Comments | Leave a Comment..

 
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