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Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by hn_throwaway_99 on Wednesday September 27, 2023 @06:52PM (#37682545)
To clarify, when I said "Fortunately we have the Sherman Antitrust Act of 1890, which does make this behavior illegal" I was referring to the act and the century plus of case law around the act that solidified what it meant. With laws in the US it's pretty easy to point at any individual law and say "it doesn't actually say that" if you ignore all the jurisprudence that goes along with that law. E.g. The 1st amendment literally only applies to laws the US Congress can make, but centuries of following case law means that it now applies to essentially all governmental bodies in the US.

I think the link you added is great in that it would seem trivial to rewrite that "Example: The Microsoft Case" and apply many of those exact same rationales to what Google has done. I am not saying the case is a total slam dunk, and I think it's fine to argue some of the finer points (e.g. I'm sure there will be a lot of debate along what is described in that "Market Power" section to determine if Google has sufficient market power in search, ads or browsers), but I do strongly push back against the statement I was replying to, "Google, like all companies, wants to maximize revenue. What about this is anti-competitive?" If you can't see how what Google was doing was anti-competitive (whether or not it meets the threshold of deserving of a severe governmental solution), I feel like that's just being willfully obtuse.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by lazide on Wednesday September 27, 2023 @07:58PM (#37683279)
Almost every argument on that page for what is actually OK is what Google is doing.

The case law really doesn’t support the current case well, and the linked example doesn’t either.

There are literally hundreds of well known companies that are doing meaningfully worse, with extremely large market monopolies, and are being ignored.

As I’ve said in other threads, the standard hinges on ‘reasonable’ though, with no meaningful case laws or statute that define it in a useful way. So it’s going to hinge on essentially ‘I know it when I see it’.