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FTC Launches an Antitrust Investigation on Google

Monday, June 27, 2011 by Michelle Hartley

For several months, The Federal Trade Commission has been arming itself with a multitude of information concerning whether the way Google operates its search engine business is legal competitive behavior or not. They are now prepared to issue subpoenas to Google and pursue an antitrust investigation. While not the first probe into Google's business, this investigation is certain to be the largest. The Wall Street Journal's article on the matter, "Feds to Launch Probe of Google," states "The civil probe, which has the potential to reshape how companies compete on the Internet, is the most serious legal threat yet to the 12 year-old company." This legal matter is already being compared to the magnitude of the Microsoft antitrust trial from the late 90's.

Public complaints by competitors have addressed the idea that Google does not compete on the same level as some of their rather worthy competitors. Sites like Yelp.com and Citysearch have said that Google unfairly promotes their own service over theirs and in turn, locks out the competition. For each market that Google has a hand in, they are the highest ranked search result and therefore take away business from their competitors. In this case, manipulation of search results is considered an anticompetitive act.

Google has rested its defense in its original mission. Their ranking decisions and process is designed to benefit its users. Google states that they understand because the nature of their business and their immense success, not everyone will be happy with their search ranking. In addition, Google defends that there are other search options available and used quite often. They defend in a blog post that they have no lock on the search market and competition is "only one click away." Google states they have full trust in the way they operate their business and their principles will "stand up to the scrutiny."

The FTC issuing these subpoenas allows the public and Google to know that they have a good amount of concrete evidence or else they would not move forward with an entire formal investigation. If the FTC finds Google guilty of these allegations they will not receive fines but cease-and-desist orders against each behavior. In addition, the European Commission opened its own antitrust investigation into Google's search business last year. While there will be no monetary consequence associated with the investigation, there is a significant threat to the reputation and very nature under which Google operates.

As the antitrust investigation unfolds, we will keep you updated with evidence the FTC presents and the defense Google lies out.

Until next time -

Michelle Hartley

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