Jared Polis Tells FTC To Back Off Google Antitrust Investigation

from the waste-of-government-resources dept

Colorado's Jared Polis is likely a familiar Congressman to our readers. He was one of the key voices in Congress against SOPA. He's also been one of the few members of government willing to speak out against all of the problems in the domain seizures that have occurred. Now we learn that his pro-tech stance over government-meddling continues with a strongly worded letter to the Federal Trade Commission over its investigation of Google for antitrust violations.
At a time when the national economy continues to stagnate, it's not clear to me why the FTC should be focusing on a product that consumers seem very happy with, search engines. While Google is surely a big company and an important service in peoples' lives, my constituents also use a variety of competing services, including Amazon.com for shopping, iTunes for music and movies, Facebook for social networking and recommendations, and mobile apps like Yelp for finding local businesses. Competition is only a click away and there are no barriers to competition; if I create a better search algorithm I could set up a server in my garage and compete globally with Google. To even discuss applying anti-trust in this kind of hyper-competitive environment defies all logic and the very underpinnigns of anti-trust law itself.
His admission, that Google is indeed a massive entity, likely is designed to push back against the FTC for targeting Google specifically in the search space, despite the relatively high level of competitive search engines on the market. Antitrust violations are not designed to punish really successful companies, and they're not supposed to just go after companies for being "big." Rather, they're designed to prevent anti-competitive practices for the benefit of a healthy marketplace and, most importantly, for the benefit of consumers. While the country is still waiting for the official charges against Google by the FTC over any kind of anti-competitive behavior, there can be little doubt that there is indeed a swath of competition and that the public is pleased with Google's product. It's not like Bing and Yahoo (or Blekko or DuckDuckGo) don't exist, after all, it's just that more people trust Google for their search results. None of this seems worth pursuing an antitrust suit over. As Polis notes:
I have never heard one of my constituents say that they don't feel like they have enough choices online, or that they feel locked in to using any one of these services. Competition among these services is leading to lots of great services for consumers -- and consumers aren't asking Congress or the FTC to protect them.
Indeed, it only seems to be Google competitors who are asking for help here. And that's not the purpose of antitrust law.

Having said all that, Polis went further in his letter, issuing a warning to the FTC that if screws this up, it risks being downsized.
The FTC should tread carefully when reviewing Google, Facebook, Twitter or any other tech company, given the dynamism of our tech industry and the potential for making things worse through regulation. Today's giants can be tomorrow's failures without any government intervention; market forces drive obsolescence at a break neck pace which should only further abrogated the need for government intervention. I believe that application of anti-trust against Google would be a woefully misguided step that would threaten the integrity of our anti-trust system, and could ultimately lead to Congressional action resulting in a reduction in the ability of the FTC to enforce critical anti-trust protections in industries where markets are being distorted by monopolies and oligopolies.
Critics of Google will point to this as some kind of hinted blackmail by Polis, but that isn't at all what he's saying. All he's saying in this instance is that if the FTC brings a poor case against Google and loses face over it, the representatives of the people (whom government is supposed to serve) will take action. It's a warning that the FTC had better have its ducks in a row when considering such a move against a huge member of the national business community.

In the end, we'll have to see if any actual anti-competitive practices by Google are really brought forth. Barring that, Google simply being really successful is no reason to bring an antitrust suit against them.

Filed Under: antitrust, ftc, jared polis
Companies: google

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  1. identicon
    Anonymous Coward, 17 Oct 2012 @ 8:24am

    Re: Re: Re: Re: Re: Re: Corporatized Freedom

    "This was already discussed and debunked."

    No, actually Mike to a swing at it, and then didn't bother to answer the points I raised there and here again. Nice attempt to dismiss it, but you fail.

    Answer the point, or concede it.

    "You still failed to provide evidence. "

    try re-reading my post. You learned that last year, right?

    "So your issue is if it was number one."

    No, number one and being the main funnel to the market place, with the ability to choose what consumers see and don't see. Please try to read along past the first few words. I know it's hard, but TRY!

    "TV networks do the same and yet we are not seeing any problem here?"

    TV networks are neither dominant or the the main funnel of consumers. Last time I looked, good prime time ratings in the US still weren't much past 10%. Swing and a miss for the student from Brazil!

    "Now you are telling me that Google doesn't want to profit."

    No, I didn't say that - I am saying they can afford NOT to profit for a very long time. The often offer services with no ads and no income source, 100% dead loss, just to add to their reach. Again, try reading the whole thing, not just the words you know.

    "And yet people still stayed mostly with Facebook"

    Facebook actually changed much of the way they do things to try to stay ahead of Google, they were very concerned. Thankfully for Facebook, Google's social skills are extremely limited, and while they made a technically complete product, it was not socially compelling. However, their "failure" still gained Google market exposure, position, and so on.

    "I still remember my very first computer, the brand new cutting-edge 486 33MHz with the infamous turbo button that doubled its speed."

    Yup, and when you got rid of it after 12 months, you found Techdirt (about 6 months ago) and ever since, it's been a licking Mike's ass fest as you try your hardest to get a staff job here.

    You claim to know all so much, and yet you are incredibly ignorant, just like a schoolboy. How is that possible?

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