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Top 5 Worst Antitrust Enforcement Decisions in the 21st Century

Google is in the process of submitting its defenses to the EU antitrust charges that Google abuses its >90% dominance in search, mobile, and advertising. At the same time a new U.S. Administration soon will take a fresh look at U.S. antitrust enforcement, much like the EU did for Europe in late 2014.

So how did EU v. Google become the most consequential antitrust case of the young 21st century? 

NetCompetition Statement on FCC Broadband Privacy Rules

FOR IMMEDIATE RELEASE, October 27, 2016, Contact:  Scott Cleland 703-217-2407

The FCC’s Broadband Privacy Rules Confuse Consumers with Partial, Inconsistent and Misleading Privacy Protection Because Their Personal Data Remains Unprotected from Every Entity but ISPs, and the FCC’s Privacy Rules Are Effectively at War with the FTC’s Consumer Protection Mission  

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:

Consumer Questions about FCC’s Broadband Privacy Rules -- A Satire

To prove to the public once and for all that the FCC’s proposed broadband privacy rules are designed to benefit consumers and not special interests, the FCC has agreed to answer some reel questions from reel people about their reel privacy concerns just before they vote on the rules October 27.

These reel consumer questions were chosen by the FCC’s new artificial intelligence algorithm to determine which of the four million questions submitted in the FCC comments for this proceeding were the most open, neutral, competitive, non-discriminatory, unbiased, and FCC-supportive.

So that these reel consumer questions can be immediately re-tweeted, liked on Facebook, ranked on Google, and echoed by Amazon, the FCC’s algorithm will only chose consumer questioners who are willing to make their name and all personally identifiable information fully available to edge providers to monetize however they want, but not available at all to any ISP.

Top Questions for the FCC Commissioners on Broadband Privacy Rules

What No Bids for Twitter Tell Us about Google Facebook & Online Advertising

What does it tell us that no company ultimately bid to buy Twitter over the last month despite several reported brand-name interested buyers?

Twitter is the eighth-most-visited Internet site in the world; the best site in the world for real-time content; and is one of the few public companies in the marketplace that is growing revenue at a 20% annual rate – and no one even submitted a low-ball bid for Twitter? What is going on here?

Apparently, it tells us that there are only two companies in the world that could grow, leverage and monetize Twitter to make it worth roughly $20b under current circumstances – Alphabet-Google and Facebook -- and they both practically can’t buy Twitter for antitrust reasons.

Let’s analyze why.

First, Google and Facebook each individually would face unwanted serious antitrust risk.

Alphabet-Google

Currently, Alphabet-Google is embroiled in this century’s biggest antitrust case in the EU.

FCC’s Haphazard Privacy Policy Gaps Disserve Consumers

The FCC’s proposed broadband privacy rules are haphazard and have more random and conflicting “gaps” than Swiss cheese has holes. 

That’s because the FCC’s approach to privacy is obviously jurisdiction and technology driven, not consumer-driven.

When will the FCC put consumer privacy protection first, and join with the FTC to work with Congress to comprehensively update privacy legislation for the 21st century?

Consumers deserve so much better than this.  

Let’s count the arbitrary and haphazard privacy gaps in the FCC’s proposed privacy rules.

Google’s New Home/Hardware Integration Has Privacy & Antitrust Implications

Listen to Google’s CEO Sundar Pichai when he says Google foresees a transformation from a “mobile-first world to an AI-first world,” because that is where Google-Android’s ~90% market dominance in mobile, search, and search advertising, is going to take the world -- like it or not.

As you will see, an “AI-first world” is also a “privacy-second world” and an “antitrust-cursed world.”

Just like Google’s unmatched data collection enabled it to figure out how to position itself to dominate the mobile Internet with Android’s contractual-tying over the last eight years, Google’s unmatched data collection currently is enabling it to figure out how to perfectly vertically-integrate a comprehensive-suite of home-related, products and services to dominate home-digital information and services with its just announced products: Google Home, Google WiFi, Allo, Google Assistant, Google Pixel, etc.

Naturally this Google “data-driven,” omni-integration will have big privacy and antitrust implications.

Google’s Information Is Power – Info-opoly Power

Who thinks it wise to allow a single company to corner the global market for any set of critical inputs to the global economy -- like stocks, bonds, currencies, industrial metals, precious metals, energy resources, grains, food, or livestock -- with no regulatory oversight, transparency or obligation to be an honest broker?   

Why then, if “information is power” in commerce, society, and governing, has the world allowed Google to anti-competitively corner the global market for the world’s information?

To spotlight this extraordinary risk and exceptional lapse in sovereign accountability, my new research provides new insight into how Google has become the most powerful commercial monopoly the modern world has ever seen.  

Will FCC Force AllVid Search Neutrality on Pay TV Providers to Help Google?

How can the FCC imagine it is pro-competitive to help Google expand its search monopoly by illegally forcing the search neutrality principle that Google opposes as never justified, on competitive pay-TV providers, in order to divert pay-TV viewer traffic to piracy-friendly Google-YouTube’s 1.6 billion viewers?  

Appeals Court Blasts Big Deregulatory Hole between FCC & FTC Jurisdictions

FCC and FTC meet the law of unintended consequences.

A Ninth Circuit Court decision overturned an FTC enforcement action against AT&T for “throttling” broadband data speeds by definitively ruling that the FTC did not have any legal jurisdiction over AT&T (and other common carriers) because of the explicit common carrier exemption in the FTC’s core Section 5 legal authority.

Will FCC Allow Google to become the Fox that Guards its AllVid Henhouse?

A fox should not be allowed to guard a henhouse, unless the farmer wants the fox to eat all the hens.

Neither should the world’s fiercest corporate opponent of copyright, Google, be allowed to be the FCC’s technological guard of $200b worth of annual video programming revenues, in the FCC’s AllVid Set-Top Box rulemaking, unless the FCC wants Google-YouTube and others to be able to pirate the nation’s video-programming property without paying for it.

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Q&A One Pager Debunking Net Neutrality Myths