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Jason Kint Profile picture
@jason_kint
May 21, 2021 • 13 tweets • 5 min read • Read on X
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ok, finally read the full announcement from UK yesterday. It's a BFD. Another major nation integrating thinking on competition and data policy. This adds to the German Cartel Office decision vs Facebook, state AGs and federal antitrust suits, US Congress and other parliaments. /1
"self-reinforcing" and "insurmountable without regulatory intervention"... /2
"We do not agree" that competition law and data protection are in opposition. /3
The regulators speak directly to how weak competition can undermine privacy protections...and leave users with no meaningful choice. Witness Google and Facebook tracking us more than any companies and 85-90% of the incremental growth in the market. /4
a good reminder that they're still looking at the core of how much of the digital advertising market works ("RTB"). I expect more to come on this but there are claims it's inconsistent with data protection and GDPR. /5
this is the kicker point - about siloing data in the case of dominant platforms - and it's consistent with Germany's decision against Facebook, the draft EU Digital Markets Act and where US needs to go. /6
👀 /7
recall when Republican congressman @RepArmstrongND asked Google and Facebook CEOs about this topic late last year. Their answers weren't crisp and begging for action. (ignore Jack) ;) /8
when the professionals who work for them were asked this question in Canada, they did a better job ducking it. /9
this thread has a lot on the issue and the German Cartel Office case which is going very poorly for Menlo Park.
and I never posted a link to the full UK announcement yesterday from ICO and CMA. The whole point of the thread. 🤦🏼‍♂️ assets.publishing.service.gov.uk/government/upl…
Ugh, just noticed @CMAgovUK cited Google research again. Note, this study only looked narrowly at effects on open exchanges on Google tech for 500? “popular” sites. Google generated study for press headline and tried to bury but CMA pursued. It’s what I hinted at here. @ICOnews
ps “in the short run” from @CMAgovUK @ICOnews is doing a lot of work in that sentence. ⬆️

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More from @jason_kint

Jason Kint Profile picture
Oct 19
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1 Image
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Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2 Image
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Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3 Image
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Read 13 tweets
Jason Kint Profile picture
Sep 24
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
Read 6 tweets
Jason Kint Profile picture
Sep 14
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1 Image
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2 Image
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3 Image
Read 16 tweets
Jason Kint Profile picture
Sep 6
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1 Image
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2 Image
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3 Image
Read 14 tweets
Jason Kint Profile picture
Sep 5
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Read 13 tweets
Jason Kint Profile picture
Jul 17
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3
Read 5 tweets

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