Here's another "roadmap to a case against X" based on a six month old interim report, this time seven away from the final report. This time it's about Google Search. https://www.omidyar.com/sites/default/files/Roadmap%20for%20a%20Monopolization%20Case%20Against%20Google%20Regarding%20the%20Search%20Market.pdf?source=email
Here's the paper's "case against Google". It pays to be the default search engine on web browsers; it is built in to Android; it has bought companies that other search engines might use to be good instead; and the old self-preferencing argument (eg as in Google Shopping).
But let’s say there’s a problem. Google would absolutely LOVE a ban on search engines paying for defaults. Why? Because it’s so popular with users, browsers and, eg, Apple would still make Google the default search engine *without Google having to pay for it*.
So this paper proposes banning Google *only* from paying to be the default. So you either force browsers to go with what most users want and get no money (search referrals are a huge source of income for, eg, Mozilla), or to give users a search engine they don't want. Nice one!
2. The paper alleges that Google uses its Android OS to make money through Google Search. No shit. Google doesn't develop Android as a form of charity, it does it because it wants to make money. The fact that it makes money through Search is *why* Android exists!
It's amazing that in the same week that Apple is accused of anti-competitive conduct, this paper argues that it's bad for competition that the company that makes the *main rival* to Apple's products is paying for it by building Search into the product.
Look at the forest, not the trees. Google using Android to get more people to use Google Search means that Google has an incentive to invest in Android and compete with Apple. Focusing on Search but ignoring the smartphone OS market is wilfully blind to the bigger picture.
3. Google's acquisitions. The paper names two: ITA, a flight search software company, and Waze. This section is just silly – pure hand-waving about how these might not have actually been very valuable to Google, so obviously they bought them to stop Bing (etc) from getting them.
This section (pic 1) is particularly embarrassing when compared with the ex post assessment of the merger commissioned by the CMA (2), which actually understands the difference between Google Maps and Waze – and identifies efficiencies in the merger (3). https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/803576/CMA_past_digital_mergers_GOV.UK_version.pdf
4. The last point is self-preferencing. Maybe Google Search is good, but uses that to benefit other less good products to the detriment of better rivals?
There are two responses to this. One is that seeing Google Flights results at the top of the page when I search for flights to Cork is part of the "Google Search" product. It doesn't make sense to divorce one from the other. If it's bad, that's good for Bing. If not, it's not.
The second is that in almost all of these markets Google is, in fact, in intense competition with successful rivals. I still use Skyscanner and Booking for holidays, not Google Flights and Hotels – although I check all of them. Ditto Amazon vs Google Shopping.
This is probably the most interesting area (although it's well-trodden and the paper doesn't add anything). Check out this article by @geoffmanne for a discussion of Google as the "gatekeeper" to sites like Yelp, Booking, and Foundem (no, me neither). https://laweconcenter.org/wp-content/uploads/2018/05/manne-the_real_reaon_foundem_foundered_2018-05-02-1.pdf
5. I've talked about the remedies a bit already but you should check them out, they're really funny. Solve Google's dominance in Search by..... making it sell Waze!
Ultimately, it comes down to two points. People use Google Search because it’s the best search engine, not because they’re forced to. And Google’s ways of making money from Search – Android, Maps, Shopping – are also good for consumers. That’s competition for ya 👍
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