Alright, it's a go. 38 AGs sued Google today: DC, Puerto Rico, Guam and 35 states. Both D and Rs.
The suit asks for both "structural divestitures as well as effective, monitorable, and measurable conduct remedies" against Google (that's legal speak for breakup plus potential ongoing oversight)
The suit alleges Google has three overlapping monopolies: general search services, general search advertising, and general search text advertising
This is also way broader than the DOJ suit, getting into voice assistants, home speakers and connected cars
Nebraska AG Doug Peterson pushes back on Google's claim that people use its search engine because they like it. “It’s not people use Google. It’s Google uses people. ...Google chooses to extract volumes of personal data in the search market."
Iowa AG Tom Miller: "This case is about power. Google has immense power in the technology world. It’s about the use of that power."
He also praises Congress for its work in this area and mentions "other legislative solutions might be available" to deal with Google
TN AG Herbert Slattery: “When smartphones took off, Google made sure they controlled search. They are doing the same thing on voice and connected cars. It’s a similar playbook.”
Slattery: “Most people don’t really know how invasive Google is and they certainly don’t know the extent to which they monetize that date.” He mentions location and even changes in barometric pressure as things Google tracks to help sell advertising.
Miller on learning from Europe: “People in government and Congress should be thinking about whether there should be some regulation beyond antitrust. Antitrust may not be the vehicle to remedy this situation. The question of an effective remedy here is quite elusive.”
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The bill, introduced today, would require money-making college sports programs to share half of their profits with players and allow athletes to sign endorsement deals.
It comes a day after SCOTUS said it will take up the NCAA's appeal in an #antitrust suit over player pay.
The lead litigators will be Mark Lanier and Ken Starr.
Lanier, well-known litigator particularly on product liability, has more than $20 billion in verdicts to his name. Antitrust nerds may remember him from the Retractable v Becton Dickinson suit a few years back. (Retractable won at trial; overturned by 5th Circuit)
From reading the Ken Buck minority report, though, there are 4 proposals he says Rs can support: additional funding for the agencies; data portability & interoperability; shifting burden of proof in merger cases; and market definition isn't required w/ direct proof of mkt power
On the shifting burden, Buck is a little squishy, saying "Congress must be exact in its language."
There are 7 other "maybes" that Buck says they could get behind but want further discussion/hearings about. 4 relate to monopolization law and 3 relate to mergers.
Last week, seven top officials in TX AG Ken Paxton's office reported him to law enforcement for "improper influence, abuse of office, bribery, and other potential criminal offenses.”
H/T to my friends over @FTCWATCH who got an exclusive with @JusticeATR's Makan Delrahim in their latest issue. A couple of highlights:
@FTCWATCH@JusticeATR On the split w states in Sprint-T-Mobile: " I would always look at the motivation of somebody who might be criticizing me first ...State AGs are elected officials — they are political bodies. They are not disinterested as federal prosecutors are and should remain."
@FTCWATCH@JusticeATR On disputes w @FTC over Big Tech: "There was an agreement made between the FTC and DOJ, July 12th, that [the FTC] no longer found convenient. There was a change in position ...This issue between the two agencies has been going on for years. I didn’t create the clearance problem."