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Re:Justice Department, states likely to bring antitrust laws... by pge on Friday May 15, 2020 @05:14PM (#23197501)
This is interesting because it seems like the DOJ's definition of monopoly is changing, which I think is a good thing. Since the late 80s (roughly), antitrust litigation has only been brought on the basis of a monopoly's negative impact on consumer prices (i.e. does the existence of a monopoly cause the consumer to have to pay higher prices?). That ignores monopolies that impair the ability of smaller companies to enter markets (which is one of the issues raised with respect to some of the current internet giants). Prior to the 1980s, this latter kind of monopoly would have been subject to scrutiny and possibly litigation by the DOJ, but since then it has been ignored.
Re:Justice Department, states likely to bring antitrust laws... by shadowgovt on Friday May 15, 2020 @05:42PM (#23197826)
This has been a major gap between the American understanding of monopoly protection and the European one.

In the European space, protection of smaller business' ability to compete is factored in. But the US space, in general, has not cared if smaller businesses can compete and tends to take a laissez-faire attitude towards business-on-business market pressures. It's the effect of the market on consumers that's paramount.

To be honest, I'm not sold on the European-style philosophy. Guilds traditionally empowered tradespeople, but they also had a reputation for holding back innovation and punishing new ideas that didn't fit the existing paradigms. Amazon, for example, has made book-buying so cheap nationally that individual bookstores have trouble competing. Amazon's other failings aside (which should be addressed by sweeping employee / labor protections, not by breaking up Amazon): should Grandma's books be more expensive in general so the local bookstore owner gets to enjoy the lifestyle of self-business-ownership to which he is accustom? Why / why not?

Re:Justice Department, states likely to bring antitrust laws... by riazrizvi on Friday May 15, 2020 @09:00PM (#23199414)
No, no, no. Amazon disrupted the grip that publishing houses had on publishing, they have democratized writing. Publishers and bookstores had restricted markets that were dictated by a few big publishing houses. Amazon disrupted that, which has lead to far more books being written. Books that have been self-published. How on earth is that considered a failing?

Bookstores are no longer viable, because Amazon has obviated the need for a brick and mortars store, and it passes the benefit on to both consumer and author alike, in reduced prices and thus increased sales.

Since Amazon is not in the authorship business itself, since it gets an equal profit on all books, its book business is a lovely example of markets working to further society.

Amazon's problem is in the use of data metrics on its giant store to create products that compete with its partners. The Amazon Essentials line is anticompetitive IMO, because as the operator of such a large platform, Amazon has a responsibility to the US economy.

Re:Justice Department, states likely to bring antitrust laws... by akersten on Friday May 15, 2020 @09:42PM (#23199697)
> Amazon's problem is in the use of data metrics on its giant store to create products that compete with its partners. The Amazon Essentials line is anticompetitive IMO, because as the operator of such a large platform, Amazon has a responsibility to the US economy.

Curious on your thoughts about Kroger/Great Value/Archer Farms (Target) brand items? At least Amazon marks them clearly as house-brand, Archer Farms is practically camouflaged at Target among the brand names, and it's placed pretty prominently too.

Personally I think it's hard to draw a distinction between the two cases - either they're both fine or they're both not. My line would be closer to: if Amazon noticed a certain thing was selling really well, created their own version of that thing, and then de-listed the original thing from their store, that seems like the point at which it becomes anti-competitive to me.

Store brands are an age-old practice so it's interesting to revisit them in the context of mega-corps like Amazon. Although WalMart+Great Value is probably a similar scale.

Re:Justice Department, states likely to bring antitrust laws... by post_below on Saturday May 16, 2020 @04:08AM (#23201408)
> and then de-listed the original thing from their store

While they don't delist items, their algo favors products they sell directly to the extent that Amazon will get the buy box over a third party seller even when that seller is reputable and cheaper. Add that the 3rd party seller has to pay a sales fee to Amazon, often making it impossible to compete with them without approaching zero margin.

It's not delisting but it's the next best thing. If Amazon starts selling something you sell, your sales are gone, you were just free market research for them.

Re:Justice Department, states likely to bring antitrust laws... by ksec on Saturday May 16, 2020 @07:04AM (#23202426)
>While they don't delist items, their algo favors products they sell......

Which is still the same in the Target example where their own brand product get much favourable placement. This practice has been going on for so long possibly before all of us on HN were born.

Re:Justice Department, states likely to bring antitrust laws... by burner831234 on Sunday May 17, 2020 @01:18AM (#23209769)
I would argue its not similar at all. Finding those reputable sellers can be more difficult whereas this would be similar to the same target item showing up four or six different times on the shelf intermixed and tagged multiple times. No?
Re:Justice Department, states likely to bring antitrust laws... by ksec on Sunday May 17, 2020 @01:38AM (#23209834)
Not really, Visual Merchandising and placement is a field on its own. Target knew precisely where to put items if they dont want that brand to do any sales, to the point where it could be 30% to 40% drop even from a Reputable brand and sellers, and 70%+ from lesser known brands, effectively killing it.

It is a tactic often used in dispute, that is why Brands needs to work on Branding to combat this stronghold from Distribution. And one reason why small brands likes the Internet so much rather than working with conventional distribution channel.

Re:Justice Department, states likely to bring antitrust laws... by post_below on Sunday May 17, 2020 @01:48AM (#23209877)
If you're selling to Target they can certainly hurt your sales with unfavorable placement, but the impact isn't really comparable to the buy box on Amazon, the overwhelming majority of sales are buy box clicks.

A direct comparison would be target putting your product behind their product on the shelf where the shopper can't see it without digging for it.

Re:Justice Department, states likely to bring antitrust laws... by jonas21 on Friday May 15, 2020 @10:51PM (#23200062)
I agree that all major retailers have store brands that are not easily distinguishable -- but Amazon kind of takes it to a whole new level:

https://www.vox.com/2018/4/7/17208804/amazon-private-label-b...

Re:Justice Department, states likely to bring antitrust laws... by malandrew on Saturday May 16, 2020 @12:16AM (#23200450)
All they are doing is learning what is worth white-labeling. They still need to manufacture a product that is equal to or better than what it is competing with. The overwhelming majority of these products are absolutely generic things for which there are already many alternatives and Amazon is adding one more.
Re:Justice Department, states likely to bring antitrust laws... by saurik on Saturday May 16, 2020 @01:38AM (#23200767)
So, I though Amazon mostly got to where they are by exploiting the poorly-designed concept of sales tax by selling things across state lines, knowing full well that no one cruelly pays "use tax", and so was able to sell things much cheaper than brick and mortar stores; and then when people tried to "fix" sales tax (still a broken concept) by charging Amazon in as many situations as they could, Amazon pushed back hard until they could see the two major brick and mortar book companies failing, and then said they would comply but only if they could have one more tax free year. Like, I certainly remember people I knew even say out loud they were buying books on Amazon due to the lack of sales tax, but it could be that they just didn't know that there was some other thing about "democratizing writing" that was causing their experience to be cheaper somehow.
Re:Justice Department, states likely to bring antitrust laws... by saurik on Saturday May 16, 2020 @06:15AM (#23202184)
I though -> I thought

cruelly -> actually

Re:Justice Department, states likely to bring antitrust laws... by sumedh on Saturday May 16, 2020 @02:18AM (#23200904)
> Amazon's problem is in the use of data metrics on its giant store to create products that compete with its partners.

Walmart and Costco do it too, should that it be banned when customers get the product at a cheaper cost?

Re:Justice Department, states likely to bring antitrust laws... by harimau777 on Saturday May 16, 2020 @06:15AM (#23202183)
I wonder if Amazon Essentials also plays into the quality problems that they have. I often buy Amazon Essentials because it's the easiest way to find a product that isn't a fly by night knock off.
Re:Justice Department, states likely to bring antitrust laws... by c1b on Friday May 15, 2020 @05:53PM (#23197938)
Funny how making books cheap is considered a failing.
Re:Justice Department, states likely to bring antitrust laws... by TheOtherHobbes on Friday May 15, 2020 @07:25PM (#23198699)
You could have made the same argument about Standard Oil - until the competition were crushed and prices went up.

Which is why lower consumer prices aren't a valid defence against anti=trust. Nor is the argument that markets "naturally" lead to monopolies or (at best) oligopolies and cartels - even though empirically they do. So much so that setting out to create a monopoly is a bullet point on many unicorn-wannabe business plans.

The problem is abuse of power without oversight.

YouTube can screw over content creators with its insane system of copyright strikes. PayPal and Amazon can keep legitimately earned money on the pretext of non-existent ToC violations. Apple can decide to bar you from the App Store on a whim and clean-room your best green shoots ideas into its own products. Google can decide that you earned too much in ad revenue and shut you down just because it can.

People have lost businesses and livelihoods because of these practices. The monopoly position held by these companies makes them unassailable.

That's what antitrust protection is really about.

Re:Justice Department, states likely to bring antitrust laws... by dantheman on Friday May 15, 2020 @08:01PM (#23198983)
During standard oils run, the price of kerosene, dropped from 35 cents to 8 cents, and their percentage of the oil market actually decreased significantly long before it was broken up.

https://fee.org/articles/the-myth-that-standard-oil-was-a-pr...

Re:Justice Department, states likely to bring antitrust laws... by Mirioron on Friday May 15, 2020 @08:28PM (#23199168)
I read about that a while ago. This raised the question in the back of my mind: did the investors (Rockefeller) actually want Standard Oil to be broken up? As I understand it, it ended up being incredibly profitable for them.
Re:Justice Department, states likely to bring antitrust laws... by pdonis on Friday May 15, 2020 @08:31PM (#23199194)
> You could have made the same argument about Standard Oil - until the competition were crushed and prices went up.

Prices didn't go up until the government forced Standard Oil to break up. It had nothing to do with the competition being "crushed"; it had to do with the government taking the attitude you mention, that lower consumer prices didn't matter. Which seems daft since lower consumer prices mean consumers, i.e., the people, are better off.

Re:Justice Department, states likely to bring antitrust laws... by take_a_breath on Saturday May 16, 2020 @08:06AM (#23202734)
The opposite of lower consumer prices not mattering, is lower consumer prices being the only thing that matters. It seems you are suggesting prices are the only thing. The key phrase here is “market power”, not just prices.

==since lower consumer prices mean consumers, i.e., the people, are better off.==

Over what time frame are they better off?

Are workers (also people) better off?

Re:Justice Department, states likely to bring antitrust laws... by pdonis on Sunday May 17, 2020 @12:03AM (#23209467)
> It seems you are suggesting prices are the only thing.

No, but any supposed other benefits that outweigh prices getting higher are even harder to measure, so basing government intervention on them is even harder to justify.

> Over what time frame are they better off?

Um, whatever time frame the prices are lower?

> Are workers (also people) better off?

If they have to spend less on what they need, it would seem so.

Re:Justice Department, states likely to bring antitrust laws... by take_a_breath on Sunday May 17, 2020 @01:03PM (#23213321)
“Things are hard to measure, so we should just focus on what’s easy, regardless of its actual effectiveness” doesn’t seem like a great compromise.

“Spend less on what they need” is same Walmart argument we’ve heard for decades. Meanwhile, the middle class shrinks and many of the things people need to improve their lives (shelter, healthcare, education) get more and more expensive and wages stagnate.

Re:Justice Department, states likely to bring antitrust laws... by yjftsjthsd-h on Saturday May 16, 2020 @01:02AM (#23200624)
> Which seems daft since lower consumer prices mean consumers, i.e., the people, are better off.

I don't think that necessarily follows; price is big, but not everything. I don't care how cheap products are on Amazon, I still refuse to buy computer storage or anything that goes in the human body since they are either unwilling or unable to deal with counterfeiting problem.

Re:Justice Department, states likely to bring antitrust laws... by pdonis on Saturday May 16, 2020 @01:39AM (#23200776)
> I don't care how cheap products are on Amazon, I still refuse to buy computer storage or anything that goes in the human body since they are either unwilling or unable to deal with counterfeiting problem.

Standard Oil didn't have a "counterfeiting problem", so I don't see how this is relevant to them. Or, for that matter, to any other large monopoly that has been broken up by antitrust action.

Also, you as a consumer might judge that, for example, you don't trust Amazon to deliver the product you want in a certain area, regardless of how low the price is. That's fine. But that in itself is no argument for breaking up Amazon in an antitrust action. It's just an argument for not trusting Amazon for certain types of products.

Re:Justice Department, states likely to bring antitrust laws... by kd5bjo on Saturday May 16, 2020 @06:26AM (#23202247)
The issue is the consumer harm that comes from the combination of not trusting Amazon to deliver the qualities you care about for a certain class of product and there being no alternative suppliers because Amazon drove them out of business.

It seems like there aren’t any middle-quality products anymore: you can buy a cheap plastic item that never works quite right and will break next month, or you can buy a chrome-plated showpiece item that costs too much. Where’s the non-disposable, ugly, bulletproof utility version these days?

Re:Justice Department, states likely to bring antitrust laws... by pdonis on Sunday May 17, 2020 @12:06AM (#23209479)
> It seems like there aren’t any middle-quality products anymore

I think there still are, but I agree it's very hard to find any on Amazon, at least in a lot of product categories. You have to spend time trawling actual brick and mortar stores.

Re:Justice Department, states likely to bring antitrust laws... by FpUser on Friday May 15, 2020 @09:03PM (#23199430)
YouTube can screw over content creators with its insane system of copyright strikes. PayPal and Amazon can keep legitimately earned money on the pretext of non-existent ToC violations. Apple can decide to bar you from the App Store on a whim and clean-room your best green shoots ideas into its own products. Google can decide that you earned too much in ad revenue and shut you down just because it can.

The problem is abuse of power without oversight

This is exactly how I feel about me dealing as a business with the big corps. But I did not actually had this experience myself. Reason is simple: I just do not engage. As a business I do not uses any cloudy stuff at all. Everything I do I host either myself or on rented servers that I could change on a moment's notice. No Youtube, no Apple app store, no hosting my software using Azure/Amazon/etc, no Github (I host my own), no Gmail etc.etc.

Re:Justice Department, states likely to bring antitrust laws... by CountSessine on Friday May 15, 2020 @08:15PM (#23199071)
That's what antitrust protection is really about.

Is it? Or is that what good regulation is for? What if YouTube and their competitors all nerfed and deplatformed popular creators because of advertiser pressures? Isn’t this a better argument for regulation?

Remember that the reason that Bork defined antitrust the way he did was because there wasn’t a methodical definition of where it should be applied in the 60’s, and the govt was arbitrarily interventionist.

Re:Justice Department, states likely to bring antitrust laws... by dantheman on Friday May 15, 2020 @08:02PM (#23198989)
Antitrust protection has historical been used by lesser players to hurt their competitors and the public because they have political pull.
Re:Justice Department, states likely to bring antitrust laws... by Dylan16807 on Saturday May 16, 2020 @10:12AM (#23203517)
When it comes to books, Amazon didn't abuse their power. The big fights were because Amazon wanted to set their own prices in their own store, something that is pretty standard in most markets.
Re:Justice Department, states likely to bring antitrust laws... by nloladze on Saturday May 16, 2020 @01:04AM (#23200630)
Big giant company that has been undisputed and can use it's power and money to politically influence for positive legislation in it's case == monopoly
Re:Justice Department, states likely to bring antitrust laws... by maximente on Friday May 15, 2020 @08:24PM (#23199132)
such a small trite comment can't really be taken by itself as a consideration of whether or not amazon has behaved in an anti-competitive manner. it's not appropriate to look at a part of amazon's portfolio in isolation; their dominance in one particular area is not particularly anti-competitive. amazon's book sales dominance, nor their dominance as an e-commerce platform, seem to be particularly egregious.

what's clear, however, is that they use their e-commerce position to also one-up competitors as a retailer. they have access to data about what's hot, what could benefit from a more economic option, etc. which they can use - perhaps anti-competitively (by e.g. intentionally selling at loss to defeat the new competitor).

additionally, their entire cloud computing arm affords them the opportunity to run other parts of their business at a massive loss, perhaps intentionally (again, to defeat competitors) as needed.

as an analogy, imagine if standard oil also had a financial operation that low-balled "normal" banks, intentionally losing money on every loan or instrument, just so those other banks blew up.

Re:Justice Department, states likely to bring antitrust laws... by shadowgovt on Friday May 15, 2020 @06:00PM (#23198012)
Right? That's the thing; it's not. Not by consumers, anyway.

Now, French book-sellers, on the other hand, appreciate the law that keeps them in business for aesthetic reasons, whether or not it makes economic sense or they can stay financially competitive when the price of data transmission has crashed past too-small-to-meter-per-word.

https://en.wikipedia.org/wiki/Lang_Law

Re:Justice Department, states likely to bring antitrust laws... by sciurus on Friday May 15, 2020 @09:06PM (#23199448)
This is something interesting I was completely unaware of. It's not just France, lots of countries have legally fixed book prices.

https://en.m.wikipedia.org/wiki/Fixed_book_price

Re:Justice Department, states likely to bring antitrust laws... by zenhack on Friday May 15, 2020 @09:03PM (#23199432)
Indeed, Amazon's behavior isn't the same shape as a typical monopolist. Krugman wrote an article a while back about this that I think cuts to the heart of the matter:

https://www.nytimes.com/2014/10/20/opinion/paul-krugman-amaz...

Re:Justice Department, states likely to bring antitrust laws... by jaredtn on Friday May 15, 2020 @06:08PM (#23198093)
Yeah, interesting the things people want to punish for. The inverse isn’t quite a grace.
Re:Justice Department, states likely to bring antitrust laws... by nuclearnice1 on Friday May 15, 2020 @07:54PM (#23198937)
I think you misunderstood shadowgovt’s comment.
Re:Justice Department, states likely to bring antitrust laws... by shadowgovt on Friday May 15, 2020 @09:32PM (#23199612)
No, c1b got it. The comment was open-ended, but I've definitely seen pushback on the way Amazon has floored the price on books. France sued the hell out of them for undercutting prices so deep that individual corner store retailers couldn't compete.
Re:Justice Department, states likely to bring antitrust laws... by jondubois on Saturday May 16, 2020 @05:43AM (#23201987)
The biggest factor which is not considered in antitrust law is the fact that large corporations, by virtue of controlling a lot of capital, have access to a larger share of all the new money which is created out of thin air and injected into the economy as credit.

Economists are quick to point out that the new money which is created of of thin air is not given outright, but rather, it is loaned out - Therefore, by virtue of having to pay it back, corporations do not have an unfair advantage.

I disagree with this conclusion because an entity's access to loans is based almost entirely on how much collateral they possess - This necessarily implies that those entities which have more capital are able to take out bigger loans and thus derive more profits from these loans.

For example, if you have $100K in a particular asset (e.g. stocks), you can use that as collateral to borrow an additional $100K and you end up controlling $200K worth of assets in total. So if the yield on those assets is 10% per year, you will end up getting 20% per year relative to your own capital. 20% of $100K is $20K.

So according to this principle, a company which has $100 million in assets can borrow an additional $100 million - This means that an asset class which can generate 10% yield can be bought on leverage to generate 20% yield on the initial capital. 20% of $100 million is $20 million. This means that $10 million of that profit was derived entirely from credit which was printed out of thin air by banks. That $10 million is free money and was given solely on the basis of existing capital.

This is why the rich get richer; it has nothing to do with value creation. Whenever banks print money out of thin air and inject it into the economy, everyone in the country who receives a salary in that currency ends up paying for that equally because of dilution in the value of their salaries. In effect, this means that, salary earners and small capital owners are subsidizing big capital owners. This is what is fundamentally unfair about our financial system and why big corporations have to be limited; they're not successful because they're efficient, they're successful because they own more capital than everyone else and can thus access most of the newly 'printed' fiat money.

Re:Justice Department, states likely to bring antitrust laws... by smokelegend on Sunday May 17, 2020 @12:42PM (#23213166)
This...

Most of us just don't get to borrow 100 million, good credit ain't cheap...

Re:Justice Department, states likely to bring antitrust laws... by st1ck on Saturday May 16, 2020 @08:30AM (#23202864)
You can't just blame Amazon on loss of business for brick-and-mortar bookstores. In my country we don't have Amazon, yet paper book sales are decreasing because why buy if you can just download for free. And if you want to pay, it's just easier to buy online (ebook or paper). Not to mention that probably overall demand for reading books is decreasing.
Re:Justice Department, states likely to bring antitrust laws... by thayne on Friday May 15, 2020 @11:14PM (#23200177)
I think there is an argument about wealth inequality there. Wealth that previously was distributed among local bookstores is now concentrated in a single company and it's shareholders. That's a pretty naive analysis, but I suspect Amazon's monopoly power has contributed to America's increasing wealth inequality.
Re:Justice Department, states likely to bring antitrust laws... by rahimnathwani on Saturday May 16, 2020 @12:03AM (#23200392)
Amazon probably has more shareholders today than the total number of people who have ever owned a share of a local bookstore.
Re:Justice Department, states likely to bring antitrust laws... by malandrew on Saturday May 16, 2020 @12:23AM (#23200479)
This. Most booksellers could have just sold their bookstores years ago and bought shares of Amazon and done far better because they simply can't provide a faster, cheaper and better experience for their customers than Amazon can.
Re:Justice Department, states likely to bring antitrust laws... by thayne on Saturday May 16, 2020 @03:16AM (#23201146)
> because they simply can't provide a... better experience for their customers than Amazon can

That's debatable. If I want a specific book, sure. But Amazon simply cannot replicate the experience of browsing a bookstore looking for an interesting book to read. I cannot physically hold the book in my hands, flip through it's pages, maybe read a few excerpts, etc. And if I'm buying a used book, I can't inspect the actual condition myself before purchasing.

Re:Justice Department, states likely to bring antitrust laws... by qwhelan on Saturday May 16, 2020 @04:08AM (#23201411)
We've come full circle - Amazon has a bookstore chain these days (Amazon Books).
Re:Justice Department, states likely to bring antitrust laws... by papito on Saturday May 16, 2020 @02:21AM (#23200919)
That's hard. What is the middle ground between encouraging innovation and healthy competition, and forcing companies to forego more profit in order to be good citizens and practice social responsibility? They should not be suddenly exempt from being part of a society.
Re:Justice Department, states likely to bring antitrust laws... by mrkramer on Friday May 15, 2020 @05:27PM (#23197665)
Google's dominant market position was achieved through market competition not through impairing the ability of smaller companies to enter markets. Even in Google Chrome you can pick DuckDuckGo and Ecosia as your default search engine. Most of Chrome users probably never heard of those two search engines.

For example would YouTube be successful as it is today if it wasn't Google's resources and knowledge to skyrocket it? I think not.

Re:Justice Department, states likely to bring antitrust laws... by davidajackson on Friday May 15, 2020 @05:55PM (#23197960)
When I think of harmful monopolies, I think that the worst ones are where a company owns a patent to a drug and refuses to sell it for less than 100x cost. But people every day can choose to type in any website into their search bar... and they choose to type Google. I don't see any reason why Google should be punished for that--unless they've done something bad elsewhere. It seems like a lawsuit will objectively make customer experience worse.
Re:Justice Department, states likely to bring antitrust laws... by inapis on Friday May 15, 2020 @06:35PM (#23198314)
You really can’t compete against free. A large number of people use Google properties because they are free. Existence of a free product will pretty much decimate a large number of business models. Give it enough time and these companies will create gravity wells that start distorting society. Google’s network effects are so strong that as a consumer or a producer you cannot run away from them.

Want to use your own email server? Not going to be a piece of cake and good luck if gmail decides against you. Want to use firefox? Gmail and youtube really will move heaven and earth to make you use chrome. Want to preserve your privacy in any meaningful way? Good luck because rest of the society decided to hand over everything to Google and its free counterparts.

These companies gravity wells are so strong that they reduce meaningful choices to a consumer. In fact, give them enough time and they’ll coerce the market to behave in a particular way.

As of now, to operate as a business on the internet, you can ignore Apple, Amazon or even Facebook. You’ll have a tough time ignoring Google. Across the entire planet.

There’s no doubt that Google’s work has a lot of benefits to humanity. But that is not a license to ignore the dark side of the coin.

Re:Justice Department, states likely to bring antitrust laws... by versteegen on Saturday May 16, 2020 @02:46PM (#23206047)
> Want to use firefox? Gmail and youtube really will move heaven and earth to make you use chrome.

What's that meant to mean? I use firefox, and I don't even see any suggestion anywhere on any Google properties to use Chrome, though there used to be something on the front page. Certainly never seen anything in gmail.

I agree that gmail is a disaster for people running their own email servers, though.

Re:Justice Department, states likely to bring antitrust laws... by pgalvin on Saturday May 16, 2020 @02:59PM (#23206161)
Google intentionally slows or cripples many of their products on Firefox - simply changing the user agent makes them load faster and have all their normal features. See: Gmail & Google Photos on Firefox desktop (painfully slow, fixed with user agent), Google Images on Firefox Android (functionally crippled, fixed with user agent).
Re:Justice Department, states likely to bring antitrust laws... by dvduval on Friday May 15, 2020 @08:31PM (#23199195)
Yes, indeed. And if Google is monetizing me, I don't equate that to being free. I can't tell you what I'm giving up, because Google does not share with me how much money they are making because of me.
Re:Justice Department, states likely to bring antitrust laws... by mrep on Saturday May 16, 2020 @09:04AM (#23203056)
> You really can’t compete against free.

Sure you can, you can set a negative price such that you pay a user for using your service which bing literally does [0].

[0]: https://www.microsoft.com/en-us/rewards/search-and-earn

Re:Justice Department, states likely to bring antitrust laws... by ksec on Saturday May 16, 2020 @07:24AM (#23202533)
This. As much as I dislike Google for lots of their practice. Monopoly isn't one of them. They won the Search Engine war because they were technically better. I guess most people dont remember the days of Yahoo and Alta Vista.

Look at the current pricing of medicine in US! Instead of going after those they decide to go after Amazon and Google. US is a place that many living outside of it could never quite comprehend.

Re:Justice Department, states likely to bring antitrust laws... by dimator on Friday May 15, 2020 @05:37PM (#23197774)
There's some truth to this. For many years, Google allows users the ability to wholesale export all of their data (perhaps as a defense for this moment in time).

If the consumer market wanted an alternative, wouldn't there be competing companies by now that would ingest all that data and give you matching mail, docs, video, etc, services?

On the advertising front, Google is no longer the only game in town, so by definition not a monopoly.

Re:Justice Department, states likely to bring antitrust laws... by falcolas on Friday May 15, 2020 @07:40PM (#23198835)
> On the advertising front, Google is no longer the only game in town, so by definition not a monopoly.

Who are their competitors (I've not heard of one that isn't directly tied to a platform (a'la facebook))? How is the market segmented between Google and their competitors? If google had, as an example, 80% of the market share, it could still legitimately be considered to be a monopoly, even if it had 1000 competitors fighting for the last 20%.

Re:Justice Department, states likely to bring antitrust laws... by jeffbee on Friday May 15, 2020 @09:54PM (#23199771)
For one thing, Internet advertising is still not a majority of all ad spending. Google is estimated to control about 1/3rd of the online market, Facebook about 1/4.
Re:Justice Department, states likely to bring antitrust laws... by ALittleLight on Saturday May 16, 2020 @01:57AM (#23200826)
This reminds me of a Peter Thiel saying. Something like, when you're not a monopoly you lie to pretend to be one - "We're the only British breakfast restaurant in town" to attract investors. When you are a monopoly you lie to pretend not to be one by expanding your market - "We're a technology company".

Internet advertising may not be a majority of all ad spending, but Google is an internet ad company, not a general ad company. It would be like arguing the old phone company wasn't a monopoly because plenty of communication was still by mail or in person.

Re:Justice Department, states likely to bring antitrust laws... by riazrizvi on Friday May 15, 2020 @05:42PM (#23197823)
Below is a link to a list of mergers and acquisitions by Google over the last twenty years, many of them were search engines and online portals. This is the type of thing that the Antitrust Laws were meant to prevent. However laws are only as good as the government's willingness to exercise them. Hopefully this signals the end of the second Gilded Age, and a return to the creative destruction that has made the USA's economy the strongest in the world for almost a century.

https://en.wikipedia.org/wiki/List_of_mergers_and_acquisitio...

Re:Justice Department, states likely to bring antitrust laws... by shadowgovt on Friday May 15, 2020 @05:56PM (#23197971)
Not a fan of creative destruction in the software sphere, personally.

In a lot of sectors, sure. I'm all for someone building a better car.

What benefit does mass competition in the software service space give me? How many bespoke APIs am I expected to integrate against to build something useful?

Different for difference's sake is the curse of our industry.

Re:Justice Department, states likely to bring antitrust laws... by bawolff on Friday May 15, 2020 @09:12PM (#23199487)
Everyone making a bespoke api is not the same as someone making a better car. Key word is "better"

The issue is that a lot of people talk up "innovation" in the tech industry, that isn't. For every person who makes a better car, lots of people make the same or worse cars.

As a random example, which format would you rather have your api serialization format be in: ASN, XML or Json? I for one am glad that innovation made ASN and XML go away.

Re:Justice Department, states likely to bring antitrust laws... by sdenton4 on Saturday May 16, 2020 @02:31AM (#23200956)
> As a random example, which format would you rather have your api serialization format be in: ASN, XML or Json? I for one am glad that innovation made ASN and XML go away.

ha, obvs protobuffers. [hides from thrown tomatoes]

Re:Justice Department, states likely to bring antitrust laws... by riazrizvi on Friday May 15, 2020 @07:34PM (#23198769)
Without creative destruction in software, there is no Linux, there is no GCC. So no Apple macOS, all PC's run Windows, and likely there is no iOS/iPhone.

Microsoft would also [1] own the internet. Their browser IE would be the only significant consumer share, there would be no Mozilla, no open source browser. So no incentive to open the browser up to plugins. Microsoft would hold all the information on consumer browsing habits. Would they permit other search engines? Unlikely if there is no antitrust regulation compelling them to do so.

But that was then. I think your premise is, we more or less have all the software technology we need why do more, unless it comes from an incumbent, in the form of incremental improvements? Why shouldn't Apple, Google, Microsoft shut down their app stores a little more? Keep the development in-house. What's the point of allowing this creative destruction from 3rd parties? More and more, we only get these increasingly tired, corporate innovations. Fewer ports on computers in the name of locking down devices to make them less 'hackable', more restrictions on these OS that increasingly feel like sandboxes, because why bother giving users the unfettered ability to create stuff, it just allows more creative destruction. Why should corporations knock it out of the park when they can just suppress upstarts with unfair competition?

By the way, antitrust regulation also prevents [2] Apple, Google, Adobe etc suppressing developer salaries. Remember antitrust law also shares incentives and motivation, to encourage progress.

But the better question is what is the future without without creative destruction, without shared incentives and competition? We have the answer in thousands of years of monarchies. Monarchies are a stagnant form of human development, they have no incentivize to upset their current order so they constantly suppress change. We don't celebrate this ancient monarchy or that one, like we do federated political systems. Compare the cultural developments in ancient Greece's federated city states vs surrounding empires. Or the Roman Empire, when it was ruled by the Senate, before emperors ran it into the ground. Or the Gutenberg Press, that brought printing to the European states where publishers were incentivized by profit, compared to dynastic China that developed the technology hundreds of years before, which helped trigger the Renaissance. Or Britain after the Glorious Revolution broke the monarchy's monopolies and led to the Industrial Age. Or the Jamestown settlement after it began profit sharing to motivate the colonists, in the face of failure, which directly lead to the political institutions which created the United States of America. Without power sharing, all civilizations degrade into inheritance systems, where opportunity is few and far between, unless you go rogue.

[1] https://www.theverge.com/2018/9/6/17827042/antitrust-1990s-m...

[2] https://www.justice.gov/atr/case-document/final-judgment-0

Re:Justice Department, states likely to bring antitrust laws... by shadowgovt on Friday May 15, 2020 @09:22PM (#23199547)
I was pulling a salary from one of those companies when that lawsuit went through about wage suppression, and I can tell you, my wage sure didn't feel suppressed.

Always felt a little gross to me that people who make six figures would claim their wages were being held down. It's not like anyone who felt they were underpaid or underappreciated didn't know where the other companies were. Don't get me wrong, I appreciate it and cashed my check for being apparently a part of an oppressed class, but at the end of the day very little changed and the biggest beneficiaries of the entire exercise were the lawyers who got the lion's share of the suit money.

On the topic of monarchies, there was plenty of creative destruction during the monarchy era. Territories and kingdoms were constantly being built, defended, fought over, carved up, destroyed, and rebuilt. Not all churn is good churn.

I'm certainly not against new companies innovating and creating new things. But I'm not sure in the specific space of software engineering, we need the heavy hand of government cracking up a successful company to enable creation of good things. I don't think the Microsoft antitrust lawsuit was a good idea, and it looks like history has borne that out; Apple got themselves out of their own hole by finding another operating system route separate from Windows and rearchitecting themselves on top of it, and Mozilla would always have had a home on Linux that Windows couldn't touch one way or the other. In the long run, all the lawsuit really seems to have done is force Microsoft into a back seat in they have arbitrary restrictions on the way they are allowed to combine their browser and operating system resources, and who benefits from that? Chrome has written an OS and a browser combined, why isn't Microsoft allowed to?

Better software tends to speak for itself. Do we trust government to make these decisions for the people who understand the technology and the people who use it?

Re:Justice Department, states likely to bring antitrust laws... by elliekelly on Friday May 15, 2020 @05:40PM (#23197809)
> Even in Google Chrome you can pick DuckDuckGo and Ecosia as your default search engine.

And making this argument is exactly why they added search engine selection. They wanted to be able to point to this tiny insignificant detail that might cost them a negligible fraction of Chrome searches and hold it up as market competition when the inevitable antitrust suit came along.

Have you ever heard of a for profit company gifting traffic to their direct competitor? It would be irrational behavior in a competitive market. If anything this is evidence of Google’s search engine monopoly and Google built the selection feature into Chrome it in furtherance of that monopoly power.

Re:Justice Department, states likely to bring antitrust laws... by drusepth on Friday May 15, 2020 @06:23PM (#23198220)
>Have you ever heard of a for profit company gifting traffic to their direct competitor?

The #3 browser (Firefox) is (was?) massively funded by a half-billion-per-year agreement from the #1 browser's maker (Google) to add Chrome as the default search engine.

Sure, they could pull that deal. Unless you think it's a perfectly balanced deal, though, that feels like one for-profit company gifting traffic to their competitor (either Google giving money to Firefox, or Firefox giving traffic to Google).

It's more niche, but a lot of companies in my market donate to or fund their competitors for the sake of innovation and growing the pie.

Contrary to popular belief, for-profit companies (even those with scary board members in a competitive market) don't inherently have to be cutthroat.

Re:Justice Department, states likely to bring antitrust laws... by papeda on Friday May 15, 2020 @06:07PM (#23198084)
You're saying that both "adding search engine choice" and "removing search engine choice" are monopolistic tools for Google?
Re:Justice Department, states likely to bring antitrust laws... by elliekelly on Friday May 15, 2020 @08:08PM (#23199032)
I'm saying Google added search engine choice to Chrome in order to create the illusion of competition in a monopolized market. If Google didn't have monopoly power in the search engine market they never would have added search engine choice to Chrome in the first place for the same reason Starbucks stores don't sell bags of Dunkin' Donuts coffee beans. A rational enterprise in a competitive market doesn't benevolently give market share to a competitor.

Kind of like the cellophane paradox[1] I suppose. From Wikipedia:

> As Richard Posner wrote, "Reasonable interchangeability at the current price but not at a competitive price level, far from demonstrating the absence of monopoly power, might well be a symptom of that power; this elementary point was completely overlooked by the court"

But instead of a price denominated in dollars it's in consumer data I suppose.

[1]https://en.wikipedia.org/wiki/Cellophane_paradox

Re:Justice Department, states likely to bring antitrust laws... by papeda on Friday May 15, 2020 @09:04PM (#23199440)
Hm. If I understand the cellophane paradox, it says that the "substitutes exist" does not imply "there is no monopoly".

That seems different from your argument, which I understand to be "only a monopolist would make it easy for consumers to choose a competitor". But again, the conclusion that Google is a monopolist seems to be baked into this logic -- would you really say Google is not a monopolist if they did not offer search engine choice?

Re:Justice Department, states likely to bring antitrust laws... by Dylan16807 on Saturday May 16, 2020 @10:23AM (#23203594)
> which I understand to be "only a monopolist would make it easy for consumers to choose a competitor"

No, not "only".

The argument is that while non-monopolists have a motivation to add those choices, monopolists have a motivation too.

Therefore seeing the end result isn't very strong evidence for whether something is a monopoly or not.

Re:Justice Department, states likely to bring antitrust laws... by papeda on Saturday May 16, 2020 @11:10AM (#23204000)
I agree with your statement. The comment I was responding to does not:

> If anything this is evidence of Google’s search engine monopoly and Google built the selection feature into Chrome it in furtherance of that monopoly power

Re:Justice Department, states likely to bring antitrust laws... by 0xEFF on Friday May 15, 2020 @09:10PM (#23199482)
IE being the mandatory browser played a big role in the antitrust suite against Microsoft. Afterwards they had to build controls to allow other browsers to be the default for the OS. Perhaps that played a larger role in the decision to allow the user to change the default search engine.
Re:Justice Department, states likely to bring antitrust laws... by sandworm101 on Friday May 15, 2020 @08:18PM (#23199096)
>> through market competition not through impairing the ability of smaller companies to enter markets.

So? In the real world, antitrust isn't about how a company became dominant. The fact that a company is dominant is what matters. Legislatures know that having a market run by one entity is inevitably a bad thing. Google's success, its market dominance, is the very harm that antitrust is meant to address. How Google got there isn't relevant.

If the government deems an organization too big, there is always something on which to hang the prosecution hat. Price fixing, tying, vertical restraint, dumping... they will find something.

Re:Justice Department, states likely to bring antitrust laws... by malandrew on Saturday May 16, 2020 @12:39AM (#23200530)
> Legislatures know that having a market run by one entity is inevitably a bad thing.

Isn't that what government is? One entity running the market?

Governments don't like competition.

Whether it is one entity or many, what matters is the welfare of the consumer, which includes allowing competition to arise that can do better.

Re:Justice Department, states likely to bring antitrust laws... by akira2501 on Friday May 15, 2020 @08:18PM (#23199095)
> Even in Google Chrome you can pick DuckDuckGo and Ecosia as your default search engine.

And at the same time, they're taking steps to make it more difficult for Ad blocking software to be integrated into Chrome.

I'm glad they don't feel the need to bully other search engines out of existence, but that might have more to do with where their revenue comes from than any particular corporate morality.

> For example would YouTube be successful as it is today if it wasn't Google's resources and knowledge to skyrocket it?

You don't see the tight integration between Google's Advertising business and YouTube as a particularly unfair advantage? Are you sure they haven't operated at a loss on some or all of the product in order to bully smaller competitors out of the market?

Aside from the frontend code and the CDN, what is YouTube other than the advertising and other third-party integration anyways?

Re:Justice Department, states likely to bring antitrust laws... by paganel on Saturday May 16, 2020 @04:12AM (#23201434)
> Google's dominant market position was achieved through market competition not through impairing the ability of smaller companies to enter markets.

Googlebot was allowed to its thing pretty freely back in the day on the assumption that Google will remain a search company only and will not step on the toes of the companies whose websites it was parsing. That proved out not to be true.

What's more, if today I want to parse Google's web properties (let's say its GoogleMaps data) the same way that Googlebot used to parse the websites of the companies I used to work for I'll get banned almost immediately.

Re:Justice Department, states likely to bring antitrust laws... by yjftsjthsd-h on Saturday May 16, 2020 @01:06AM (#23200639)
But, Android ships with chrome installed and set as the default browser, with Google as default search engine. And 99% of customers will never even think to touch those settings. You can't break into a market that most people don't ever realize exists.
Re:Justice Department, states likely to bring antitrust laws... by izacus on Saturday May 16, 2020 @02:53AM (#23201067)
If that would be true, Chrome would never become popular either. It's not a default browser on Windows, macOS or Linux. And yet people installed it anyway to the point it became the most popular browser. So your point of 99% people not touching defaults is nonsense. Even on Android Chrome isn't the default browser - Samsung Browser is (with Samsung being by far the most popular OEM).

Android isn't iOS where you're not allowed to replace the browser at all.

Re:Justice Department, states likely to bring antitrust laws... by throwawayy1001 on Saturday May 16, 2020 @09:05AM (#23203061)
Google used its other monopoly, in search to aggressively promote chrome.

“Upgrade to a safe browser”.

They always use their monopolies (video, search, maps) to venture into different markets.

Re:Justice Department, states likely to bring antitrust laws... by tsukurimashou on Saturday May 16, 2020 @11:08AM (#23203974)
> Google's dominant market position was achieved through market competition not through impairing the ability of smaller companies to enter markets

Not sure about that considering how many startups they buy each year

Re:Justice Department, states likely to bring antitrust laws... by FpUser on Friday May 15, 2020 @09:05PM (#23199442)
Well, everybody starts small and nice. Remember "do no evil". Then as the thing grows suddenly everything is changing and one day it can become a monster.
Re:Justice Department, states likely to bring antitrust laws... by xoxoy on Friday May 15, 2020 @05:31PM (#23197716)
Does it matter how a monopoly came to be a monopoly?
Re:Justice Department, states likely to bring antitrust laws... by mrkramer on Friday May 15, 2020 @05:35PM (#23197761)
Yea it matters. If monopoly was achieved through market competition then fine, if it was achieved through destroying other companies then it is illegal and unfair. But once dominant market position is achieved company still needs to behave properly and not stifle competition.
Re:Justice Department, states likely to bring antitrust laws... by int_19h on Friday May 15, 2020 @09:29PM (#23199591)
Antitrust legislation is about keeping the markets competitive, because it also keeps them healthy. In that context, it doesn't matter if the monopoly position was achieved "fairly" or "unfairly", but only what effect on the market it has.

Coincidentally, this is also how legislation was implemented in this country until 1980s. Which is to say - this is what we did back when our economy was both prosperous and stable.

For a good example of just how much teeth anti-trust used to have before it got Borked, read this court opinion in one case from 1962: https://supreme.justia.com/cases/federal/us/370/294/#tab-opi...

Re:Justice Department, states likely to bring antitrust laws... by malandrew on Saturday May 16, 2020 @02:51PM (#23206095)
What would be valuable in the case of a monopoly that is achieved through market competition is to require the monopolist to help other compete as opposed to breaking up the monopolist. The former promotes competition to the benefit of the consumer and the latter promotes competition at the expense of the consumer.
Re:Justice Department, states likely to bring antitrust laws... by dvduval on Friday May 15, 2020 @08:34PM (#23199226)
Just following your argument down that road... What if one day there is only one company in the whole world? if they just slowly envelops all the other companies, and perhaps met your definition of this being legal and fair, would that be fine?
Re:Justice Department, states likely to bring antitrust laws... by xoxoy on Friday May 15, 2020 @05:49PM (#23197903)
Gotcha. I would be surprised if the gov couldn’t find some incriminating emails though of executives talking about how to kill Bing when MSFT looked like it was gunning to be a search competitor.

We will see though.

Re:Justice Department, states likely to bring antitrust laws... by mrkramer on Friday May 15, 2020 @06:05PM (#23198053)
Believe it or not Android was response to Microsoft's Windows Mobile(Windows Phone) and not to Apple's Iphone. Google was afraid at the time that Microsoft will release it's own "smartphone" and put Bing(Windows Live Search) as default search engine on it. But eventually Windows Phone killed itself and Google is good to go.
Re:Justice Department, states likely to bring antitrust laws... by Ericson2314 on Friday May 15, 2020 @08:45PM (#23199308)
It doesn't matter how it was achieved.
Re:Justice Department, states likely to bring antitrust laws... by guevara on Friday May 15, 2020 @06:08PM (#23198092)
I wonder how things would be if Stage6 came out on top instead of YouTube.
[dead]
Re:Justice Department, states likely to bring antitrust laws... by dang on Friday May 15, 2020 @07:36PM (#23198785)
Please do not post in the flamewar style to HN. Providing correct information is fine, snark and swipes are not.

https://news.ycombinator.com/newsguidelines.html

Re:Justice Department, states likely to bring antitrust laws... by scarface74 on Saturday May 16, 2020 @03:41AM (#23201274)
I wouldn’t go that far. The only reason that the justice department is going after big tech is because of the President’s personal dislike of the “left coast liberal elite”.

Don’t you find it strange that a Republican administration is going after a company for anti-trust?

I am not saying that Google hasn’t unfairly competed against small business or they shouldn’t be sued, but this is purely political, not the Justice Department all the sudden caring about the little guy.

Re:Justice Department, states likely to bring antitrust laws... by bhl on Saturday May 16, 2020 @04:56AM (#23201699)
> Don’t you find it strange that a Republican administration is going after a company for anti-trust?

Nope. If anything, there is past precedence from the 2001 Antitrust case against Microsoft [1]. Note in that case, it wasn't about whether consumers were directly harmed, but whether Microsoft was abusing its market power to prevent other entrants into the browser space. Arguably this is very analogous to what Google and Facebook are currently being accused of.

[1] https://en.wikipedia.org/wiki/United_States_v._Microsoft_Cor....

Re:Justice Department, states likely to bring antitrust laws... by JonathanFly on Saturday May 16, 2020 @06:25PM (#23207693)
>> Don’t you find it strange that a Republican administration is going after a company for anti-trust?

>Nope. If anything, there is past precedence from the 2001 Antitrust case against Microsoft [1]. Note in that case, it wasn't about whether consumers were directly harmed, but whether Microsoft was abusing its market power to prevent other entrants into the browser space. Arguably this is very analogous to what Google and Facebook are currently being accused of.

The President, March 16:

>The Radical Left is in total command & control of Facebook, Instagram, Twitter and Google. The Administration is working to remedy this illegal situation. Stay tuned, and send names & events. Thank you Michelle!

https://twitter.com/realDonaldTrump/status/12616266746864476...

Re:Justice Department, states likely to bring antitrust laws... by csunbird on Saturday May 16, 2020 @03:14PM (#23206328)
/tin-foil hat on

Well, no government wants any company to wield more power than them, right?

/tin-foil hat off

Re:Justice Department, states likely to bring antitrust laws... by nojito on Friday May 15, 2020 @05:21PM (#23197594)
Barriers of Entry are not related to antitrust.

Can you share some instances of this being true in the 80s?

Re:Justice Department, states likely to bring antitrust laws... by nojito on Saturday May 16, 2020 @08:29AM (#23202857)
It’s pretty ridiculous that the top comment in this thread is 100% wrong.
Re:Justice Department, states likely to bring antitrust laws... by xjsuueueje on Friday May 15, 2020 @09:05PM (#23199445)
I don't really see the problem with the current definition of a monopoly if consumers are saving money. The Europeans focus more on the sorts of effects you're talking about and they're far from famous for their efficient businesses practices or low consumer prices. Or is the idea that uncompetitive small businesses are valuable in a totally real but difficult to measure way?
Re:Justice Department, states likely to bring antitrust laws... by Wowfunhappy on Friday May 15, 2020 @05:19PM (#23197564)
Planet Money did a pretty good episode on this last year: https://www.npr.org/sections/money/2019/02/22/697170790/anti...
Re:Justice Department, states likely to bring antitrust laws... by xoxoy on Friday May 15, 2020 @06:25PM (#23198240)
I’m wondering if the focus is going to be on the search business or how Google stifles competitors on their search results page? I know Yelp for example has long claimed Google downranks their results over Google’s own reviews etc.
Re:Justice Department, states likely to bring antitrust laws... by thayne on Friday May 15, 2020 @10:31PM (#23199974)
Neither of those interpretations really takes into account non-price effects of monopoly on consumers. Such as, say, crippling free ad-blocker plugins on the browser with the most market share.
Re:Justice Department, states likely to bring antitrust laws... by m463 on Saturday May 16, 2020 @12:06AM (#23200412)
if you had perfect information on everyone, you could have personalized pricing, and people would pay more, some much more.

And google has arguably the best information in the world since identifying specific people is their core business.