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Off-site Antitrust Links, User Submitted

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Wed Jan 7

• Antitrust & Competition Policy Blog: Intellectual Property Law and EU Competition Law

Mon Jan 5

• 2009 Tech Prediction Faceoff: J.P Morgan Vs. Barclays Capital: <Quote>T wo notes from Wall Street analysts came to my inbox today with top-ten predictions for what 2009 holds in store for the technology industry. J.P. Morgan?s Imran Khan, for instance, predicts Yahoo and Microsoft will finally strike a search deal, video advertising on the Web isn?t working, retail bankruptcies could actually help e-commerce companies, and that M&A activity will pick up in the second half of 2009 (but the IPO market will be dead until 2010)<Quote >
• FAQ: Antitrust eyes on Yahoo-Google ad deal | Digital Media - CNET News: <Quote>& quot;Q: Why are regulators looking at the deal? Google dominates not just search but, more to the point, the market for the text ads that appear next to search results. It's these ads that, for some searches conducted in the United States and Canada, Yahoo expects Google to supply at times."&l t;Quote> Yahoo maintains a lot of control over just what ads Google will supply and when, but it's clear that it expects the deal to be significant; Yahoo expects up to $800 million in new revenue and $250 million to $450 million in incremental cash flow. Google is No. 2 in the market, with Microsoft third. So one possible concern is that people who bid for search ads will have fewer viable places than Google to place them. Google doesn't set ad prices, but if there's only one place to advertise, advertisers could have to bid higher to ensure that anyone actually sees the ads.
• Antitrust concerns kill Yahoo-Google ad deal | Digital Media - CNET News: <Quote>& quot;After four months of review, including discussions of various possible changes to the agreement, it's clear that government regulators and some advertisers continue to have concerns about the agreement,&quo t; said David Drummond, Google's chief legal officer in a blog post Wednesday. "Pressing ahead risked not only a protracted legal battle but also damage to relationships with valued partners. That wouldn't have been in the long-term interests of Google or our users, so we have decided to end the agreement.&quo t;<Quote> ;
• Antitrust hearing to draw Yahoo, Microsoft, Google legal eagles | Digital Media - CNET News: <Quote>T op legal counsel for Yahoo, Google, and Microsoft will address a Congressional hearing Tuesday, as lawmakers examine the Yahoo-Google search advertising agreement and its potential anticompetitiv e effects on the future of Internet advertising.&l t;Quote>
• The backstory on Senate's Google-Yahoo hearing | Politics and Law - CNET News: <Quote> "Microsof t claims that "the Google/Yahoo agreement contemplates significant, ongoing coordination between the dominant provider of search advertising and its chief rival. Together, Google and Yahoo control an estimated 90 percent of search advertising, with Google alone accounting for over 70 percent... The effect of this agreement would be to further entrench the control of the dominant supplier of search advertising and, in the process, reduce choice and innovation and increase prices." </Quote> If Microsoft truly believes that "illegal& quot; activity is happening, it doesn't need to wait for Washington. It has the ability to launch a private antitrust lawsuit against Google and Yahoo. Redmond knows firsthand how this works: Sun Microsystems filed a private antitrust suit that Microsoft settled for $1.95 billion in 2004.
• Yahoo and Google retool advertising agreement | Digital Media - CNET News: <Quote>B ouncing the ball back to federal antitrust regulators, Yahoo and Google have reportedly revised their search advertising agreement with caps, according to a report in The Wall Street Journal. According to the report, the companies sent a revised proposal to the Department of Justice over the weekend that calls for such significant changes as limiting the 10-year agreement to 2 years and, more importantly, placing a cap of 25 percent on the amount of revenue Yahoo can generate from Google under the deal. The controversial search advertising deal calls for Yahoo to place Google's ads on its own relevant search pages.<Quot e>
• Yahoo joins Google in defending ad deal | Digital Media - CNET News: <Quote> Yahoo and Google--put on the defensive by antitrust scrutiny and Microsoft agitating focused on the Internet companies' ; search-ad deal--are trying their best to reclaim the initiative as the project's launch date nears.First came Google, with a series of blog posts and a frequently asked questions page. Now Yahoo has also joined in with a "myth-bus ting" blog post from Yahoo President Sue Decker. <Quote>
• Yahoo takes defense of Google ad deal to Capitol Hill | Politics and Law - CNET News: <Quote>T he hearing before an antitrust panel replayed arguments that the three companies have made before: Microsoft is trying to raise antitrust objections as a way to derail the deal, and the two Silicon Valley firms say it's perfectly fine and a boon to competition. One reason Microsoft is so irked is that the ad deal amounts to a poison pill that would raise the price of buying Yahoo by as much as $250 million. That's the so-called termination fee that Yahoo would owe Google if an acquisition ended the ad relationship, though it can be reduced by 50 percent of the revenue Google earned. A lawsuit (PDF) against Yahoo claims that "Microsof t could not swallow a Google-encumbe red Yahoo due to antitrust implications&q uot; and undoing it would prove a formidable barrier to an acquisition.&l t;Quote>
• Antitrust concerns kill Yahoo-Google ad deal | Digital Media - CNET News: <Quote>& quot;Google stretched its wings in 2008, furthering an expansion beyond its core search and search-adverti sing business. Google has pulled the plug on a search-ad partnership with Yahoo that would have given Yahoo major new revenue but that raised antitrust concerns." ; "After four months of review, including discussions of various possible changes to the agreement, it's clear that government regulators and some advertisers continue to have concerns about the agreement,&quo t; said David Drummond, Google's chief legal officer in a blog post Wednesday. "Pressing ahead risked not only a protracted legal battle but also damage to relationships with valued partners. That wouldn't have been in the long-term interests of Google or our users, so we have decided to end the agreement.&quo t;<Quote> ;

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