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Three Big FCC Title II Privacy Questions – My Multichannel News Op-ed

Below is my op-ed “Privacy’s Big Three” on the FCC’s pending interpretation of its newly asserted Title II section 222 privacy authority. It is a side-bar in this week’s Multichannel News cover story “Who’s Watching Whom?” Click here for the full Multichannel article.

This succinct op-ed spotlights the three biggest privacy questions the FCC must grapple with here:

  1. Any privacy protection predictability?
  2. Any competitive privacy policy parity?
  3. An FCC Do Not Track List?    

 

Privacy’s Big Three

Google’s Antitrust Hardball Plans for the EU?

Apparently Google is preparing to play political hardball in opposing: the EU’s antitrust Statement of Objections against Google for abusing its 90% dominance of search by anti-competitively favoring Google Shopping over competitive shopping services; and its new antitrust investigation of Google’s Android operating system for anti-competitive tying and bundling of Google services.   

ObamaNet vs EuroNet -- “Competing” Protectionist Industrial Policies

The US-EU “competition” of protectionist digital industrial policies -- U.S. Title II net neutrality vs. the EU’s emerging “platform neutrality” plans -- creates an ironic backdrop to negotiations for the US-EU Transatlantic Trade and Investment Partnership (TTIP) “free” trade agreement. Heightening the irony, the Obama Administration, not the European Commission, has been the protectionist digital industrial policy leader, trailblazing the political path for the EU’s Single Digital Market to follow.  

At least on the digital markets front, TTIP will be much less a commercial “free” trade negotiation and much more a political “fair” trade negotiation.    

The U.S. has long set the tone and trajectory for this digital “fair” trade dynamic in championing net neutrality to protect its Silicon Valley national champions, Google, Facebook, Amazon, Apple, Netflix, etc., and by skewing antitrust enforcement to benefit Google and Silicon Valley.

EU Charges Spotlight Google’s Self-Dealing Power

Facts belie Google’s rote denials that it is dominant, and that favoring its own content over competitors is anti-competitive in the EU. As this post will prove below, the public facts are overwhelming that Google is dominant and self-dealing.

But first, look closely and witness that the entirety of Google’s antitrust defense is essentially political -- that the EU’s antitrust law and precedent shouldn’t be different or tougher than America’s. Specifically, Google essentially is arguing that the EU shouldn’t have a lower market share threshold to be legally considered dominant and the EU shouldn’t have presumption in law that if dominant, the dominant company has “a special responsibility not to allow its conduct to impair competition on the common market.”

That’s wishful whining; it is not a legal antitrust defense in Europe.

It is only fitting that Google faces a Danish prosecutor in EC VP Margrethe Vestager. That’s because Google currently is acting out the role of emperor in the most famous Danish fable by Hans Christian Anderson, the “The Emperor’s New Clothes.”

EU-Google Antitrust Charges – Google’s Hidden #1 Problem

Google’s biggest problem is not being charged with violation of antitrust laws in Europe; its biggest problem is a gross violation of trust of its roughly two billion users.

FTC-Googlegate Scandal Repercussions in EU & U.S.

Previously unknown facts about the FTC staff’s 2011 Google search bias investigation have the makings of a potential scandal and cover-up with broad repercussions for Google with the European Commission, other countries, the FTC, State AGs and Congress.   

The WSJ gained inadvertent access to the FTC’s 2011 staff report about its investigation of Google’s search practices. FTC staff concluded: Google abused its monopoly power in search and search advertising; harmed Internet users and competitors; and manipulated its search results by favoring its own content over competitors’ content.

A European Revolution against Google’s Virtual Colonialization?

 

The European Parliament reportedly is scheduled to vote this week on a political non-binding resolution urging the European Commission to “enforce EU competition rules decisively” against search engines, i.e. Google.

What is going on?

In a nutshell, this vote has three big effective implications. It is a political revolt and declaration of Independence from Google’s virtual hegemony. It is a rejection of former EC Vice President Almunia’s gross mishandling of the Google competition case. And it is a vote for a European “single digital market” to promote European economic growth and job creation.  

A Political Revolt & Declaration of Independence

The GoogleNet Playbook & Zero Pricing – A Special Report

 

GoogleNet is Google’s vision to leverage its proliferating dominance by offering global, near-free Internet-access, mobile connectivity, and Internet-of-Things connectivity via a global, largely-wireless, Android-based, “GoogleNet,” that is subsidized by Google’s search and search advertising dominance and by “open Internet” zero pricing of downstream Internet traffic.

A near-free global GoogleNet would be much like the Google Playbook which offers Android, Maps, YouTube, and others’ content for free globally, to disrupt and commoditize competitors in order to maintain and extend its search and search advertising dominance throughout the economy.

Fact-checking Google Schmidt’s “Ich bin ein Big-fibber” Berlin Speech

 

History should remember Google Chairman Eric Schmidt’s speech in Berlin, “The New Gründergeist,” as the “Ich bin ein Bigfibber” speech, because of his many big fibs about Google’s antitrust and data protection problems in Europe.   

Claim: “Really, our biggest search competitor is Amazon” (not Bing or Yahoo.)

Facts: Google crawls 60 trillion unique URLs to create its search index of the world-wide-web; Amazon does not crawl or search index the world-wide-web.

Why Waxman’s FCC Internet Utility Regulation Plan Would Be Unlawful

 

Rep. Henry Waxman, Ranking Member of the House Energy and Commerce Committee, wrote the FCC to propose that the FCC, in its pending Open Internet order remand, “reclassif[y] broadband providers as telecommunications services and then using the modern [Title I] authority of section 706 to set bright-line rules to prevent blocking, throttling, and paid prioritization.”

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Q&A One Pager Debunking Net Neutrality Myths