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A Tech Giant Hurt Your Business? Take a Number | A Tech Giant Hurt Your Business? Take a Number |
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SAN FRANCISCO — Oracle and the Handpulled Noodle would seem to have little in common. One is a multibillion-dollar software company in Silicon Valley with tens of thousands of employees all over the world. The other is a small Harlem spot that serves Chinese comfort food and is known for its tasty dumplings. | SAN FRANCISCO — Oracle and the Handpulled Noodle would seem to have little in common. One is a multibillion-dollar software company in Silicon Valley with tens of thousands of employees all over the world. The other is a small Harlem spot that serves Chinese comfort food and is known for its tasty dumplings. |
But they both say Google is unfairly hurting their businesses, and they have a new audience in Washington eager to hear about it. | But they both say Google is unfairly hurting their businesses, and they have a new audience in Washington eager to hear about it. |
After years of showing little interest, Congress and regulators at the Federal Trade Commission and the Justice Department plan to scrutinize the power, influence and market dominance of Google, as well as fellow tech giants Amazon, Apple and Facebook. | After years of showing little interest, Congress and regulators at the Federal Trade Commission and the Justice Department plan to scrutinize the power, influence and market dominance of Google, as well as fellow tech giants Amazon, Apple and Facebook. |
“Obviously there is something going on in terms of monopoly,” President Trump said about large tech companies in an interview on CNBC on Monday. | “Obviously there is something going on in terms of monopoly,” President Trump said about large tech companies in an interview on CNBC on Monday. |
Scores of other tech companies and critics, as varied as software firms and shoemakers or musicians and newspapers, have stewed for years over how, they say, some of the biggest tech firms have used their power and scale to bully them and upend their businesses. | Scores of other tech companies and critics, as varied as software firms and shoemakers or musicians and newspapers, have stewed for years over how, they say, some of the biggest tech firms have used their power and scale to bully them and upend their businesses. |
The government is listening. | |
“We’re in the moment where regulators hang a shingle and say, ‘we’re open,’” said Luther Lowe, the policy chief at the reviews site Yelp and the loudest antitrust antagonist against Google. “The dozens of companies who have been quietly venting in Silicon Valley can begin to form a single-file line around the D.O.J.” | “We’re in the moment where regulators hang a shingle and say, ‘we’re open,’” said Luther Lowe, the policy chief at the reviews site Yelp and the loudest antitrust antagonist against Google. “The dozens of companies who have been quietly venting in Silicon Valley can begin to form a single-file line around the D.O.J.” |
The venting goes well beyond Silicon Valley. When the F.T.C. asked for comments last year on whether the modern economy required a new approach to consumer protection and competition, the commission received more than 750 letters, many targeting the big tech companies. | The venting goes well beyond Silicon Valley. When the F.T.C. asked for comments last year on whether the modern economy required a new approach to consumer protection and competition, the commission received more than 750 letters, many targeting the big tech companies. |
The Retail Industry Leaders Association, the lobbying group that represents Walmart, Target, Home Depot and other major retailers, complained that the internet was now at the center of consumers’ decision-making and “controlled by a relatively small number of highly influential firms.” | The Retail Industry Leaders Association, the lobbying group that represents Walmart, Target, Home Depot and other major retailers, complained that the internet was now at the center of consumers’ decision-making and “controlled by a relatively small number of highly influential firms.” |
Sixteen advocacy groups and think tanks jointly wrote a manifesto that argued for tough antitrust enforcement against the tech giants, accusing them of a wide variety of misbehavior, including mishandling people’s data, crippling small retailers or causing internet addiction. | Sixteen advocacy groups and think tanks jointly wrote a manifesto that argued for tough antitrust enforcement against the tech giants, accusing them of a wide variety of misbehavior, including mishandling people’s data, crippling small retailers or causing internet addiction. |
And the Handpulled Noodle, echoing complaints from other small businesses, told the F.T.C. that Google sells ads on its listing in search results. The ads direct customers to delivery apps that charge steep fees and cut into the restaurant’s already thin profit margins. | And the Handpulled Noodle, echoing complaints from other small businesses, told the F.T.C. that Google sells ads on its listing in search results. The ads direct customers to delivery apps that charge steep fees and cut into the restaurant’s already thin profit margins. |
“As a small business, it’s like David versus Goliath,” said Andrew Ding, the owner of the Handpulled Noodle. The shop’s Google listing is how most customers find his restaurant, yet, he said, he has no control over how his business is represented. There is no way for him to get rid of the ad next to the Google listing. | “As a small business, it’s like David versus Goliath,” said Andrew Ding, the owner of the Handpulled Noodle. The shop’s Google listing is how most customers find his restaurant, yet, he said, he has no control over how his business is represented. There is no way for him to get rid of the ad next to the Google listing. |
“Google is it,” Mr. Ding said in an interview. “I would love for small business owners that don’t have the clout or the influence to have more say about how their business is represented.” | “Google is it,” Mr. Ding said in an interview. “I would love for small business owners that don’t have the clout or the influence to have more say about how their business is represented.” |
Google said it allowed companies to place ads next to the listings of other businesses to give users more options. | Google said it allowed companies to place ads next to the listings of other businesses to give users more options. |
The Justice Department is examining complaints against Google and Apple, while the F.T.C. will handle antitrust issues related to Facebook and Amazon. Last week, the House Judiciary’s subcommittee on antitrust also announced plans for an investigation into whether the tech companies stifled competition and hurt consumers. The first hearing is scheduled for Tuesday. | The Justice Department is examining complaints against Google and Apple, while the F.T.C. will handle antitrust issues related to Facebook and Amazon. Last week, the House Judiciary’s subcommittee on antitrust also announced plans for an investigation into whether the tech companies stifled competition and hurt consumers. The first hearing is scheduled for Tuesday. |
In Europe, the authorities have been far tougher on the four tech giants. They have imposed about $9.3 billion (8.2 billion euros) in fines against Google in three separate antitrust cases since 2017. They concluded that Google had forced phone makers to preinstall its apps, favored its own services over rivals in search results, and imposed unfair terms on companies that use its search services. | In Europe, the authorities have been far tougher on the four tech giants. They have imposed about $9.3 billion (8.2 billion euros) in fines against Google in three separate antitrust cases since 2017. They concluded that Google had forced phone makers to preinstall its apps, favored its own services over rivals in search results, and imposed unfair terms on companies that use its search services. |
In his interview on Monday on CNBC, Mr. Trump said European regulators saw “easy money” in levying large fines against American firms. “They are actually attacking our companies, but we should be doing what they are doing,” he said. | In his interview on Monday on CNBC, Mr. Trump said European regulators saw “easy money” in levying large fines against American firms. “They are actually attacking our companies, but we should be doing what they are doing,” he said. |
News Corp and Axel Springer, the biggest German publisher, have voiced concerns to European regulators about the influence of Google and Facebook over the news business. | News Corp and Axel Springer, the biggest German publisher, have voiced concerns to European regulators about the influence of Google and Facebook over the news business. |
The publishers lobbied heavily for a new European Union-wide copyright law, passed in March, requiring that large internet platforms pay a license for content shared on services like Google News. | The publishers lobbied heavily for a new European Union-wide copyright law, passed in March, requiring that large internet platforms pay a license for content shared on services like Google News. |
Oracle and Yelp have also taken their complaints to Europe. Ken Glueck, Oracle’s executive vice president and policy chief, said that Google’s dominance of the market underpinning online ads had enabled it to stifle competition, including from Oracle. | Oracle and Yelp have also taken their complaints to Europe. Ken Glueck, Oracle’s executive vice president and policy chief, said that Google’s dominance of the market underpinning online ads had enabled it to stifle competition, including from Oracle. |
“We’d like to be bigger. But when you have one party who dominates the space and is acting with exclusionary conduct, that affects the market,” Mr. Glueck said. | “We’d like to be bigger. But when you have one party who dominates the space and is acting with exclusionary conduct, that affects the market,” Mr. Glueck said. |
There is a bit of a revenge back story to Oracle’s complaints about Google: The two companies have been locked in a nine-year patent battle with billions of dollars at stake. | There is a bit of a revenge back story to Oracle’s complaints about Google: The two companies have been locked in a nine-year patent battle with billions of dollars at stake. |
Yelp contends that Google favors its own services over rivals in search results in both Europe and the United States, even when the Google content is lower quality or less relevant. Google has said it tries to give people quick answers to their questions instead of sending them to another site. | Yelp contends that Google favors its own services over rivals in search results in both Europe and the United States, even when the Google content is lower quality or less relevant. Google has said it tries to give people quick answers to their questions instead of sending them to another site. |
In 2013, the F.T.C. closed an investigation into Google’s search practices after the company agreed to some narrow changes. | In 2013, the F.T.C. closed an investigation into Google’s search practices after the company agreed to some narrow changes. |
“For so many years, U.S. companies were having to seek relief abroad because our own enforcement agencies weren’t critically examining the questionable behavior of large firms like Google,” Yelp’s Mr. Lowe said. | “For so many years, U.S. companies were having to seek relief abroad because our own enforcement agencies weren’t critically examining the questionable behavior of large firms like Google,” Yelp’s Mr. Lowe said. |
The European Commission also opened an investigation of Amazon last September and has received informal complaints from eBay and the European e-commerce site Zalando, according to a person involved in the discussions who was not authorized to disclose them. | The European Commission also opened an investigation of Amazon last September and has received informal complaints from eBay and the European e-commerce site Zalando, according to a person involved in the discussions who was not authorized to disclose them. |
A central argument against the tech giants is that other companies must use their platforms because that’s where their customers are. With that leverage, the argument goes, the tech giants force terms on other companies that are unfair and deepen their dominant positions. | A central argument against the tech giants is that other companies must use their platforms because that’s where their customers are. With that leverage, the argument goes, the tech giants force terms on other companies that are unfair and deepen their dominant positions. |
Apple makes developers use its App Store to distribute their apps on iPhones and collects up to 30 percent of revenue made through activity inside the app. Spotify recently argued to European competition authorities that Apple used its App Store to punish Spotify’s app and favor Apple’s competing service. | Apple makes developers use its App Store to distribute their apps on iPhones and collects up to 30 percent of revenue made through activity inside the app. Spotify recently argued to European competition authorities that Apple used its App Store to punish Spotify’s app and favor Apple’s competing service. |
Apple has said that it welcomes competition and that it has long helped Spotify reach customers. The only time it has requested changes to Spotify’s app is when it “tried to sidestep the same rules that every other app follows,” Apple said in a statement in March. Spotify had directed customers to pay it directly so Apple wouldn’t get a cut. | Apple has said that it welcomes competition and that it has long helped Spotify reach customers. The only time it has requested changes to Spotify’s app is when it “tried to sidestep the same rules that every other app follows,” Apple said in a statement in March. Spotify had directed customers to pay it directly so Apple wouldn’t get a cut. |
News publishers rely on Google and Facebook to send readers their way. But to appear high on those sites, the publishers have said both companies have encouraged them to use technologies that make Google and Facebook destinations for news instead of the news sites themselves. Google and Facebook also dominate the digital-advertising market, the publishers say, squeezing one of their main revenue streams. | News publishers rely on Google and Facebook to send readers their way. But to appear high on those sites, the publishers have said both companies have encouraged them to use technologies that make Google and Facebook destinations for news instead of the news sites themselves. Google and Facebook also dominate the digital-advertising market, the publishers say, squeezing one of their main revenue streams. |
Google and Facebook said they competed for ad dollars with a wide range of online and offline platforms, including television, radio, newspapers and billboards. Both said their technologies helped news publishers increase ad revenue. | Google and Facebook said they competed for ad dollars with a wide range of online and offline platforms, including television, radio, newspapers and billboards. Both said their technologies helped news publishers increase ad revenue. |
Google in recent years dropped an effective requirement for publishers to make their news free via Google search results, and introduced a program to help news sites increase subscriptions. | Google in recent years dropped an effective requirement for publishers to make their news free via Google search results, and introduced a program to help news sites increase subscriptions. |
A Facebook spokeswoman said the company was working on products and training to help news outlets make more money from their articles on Facebook and has committed $300 million in the next three years to support local news. | A Facebook spokeswoman said the company was working on products and training to help news outlets make more money from their articles on Facebook and has committed $300 million in the next three years to support local news. |
Musicians say they must put their songs on YouTube, which is owned by Google, to reach fans, but YouTube pays below-market royalty rates. “Hopefully, these investigations drive real change to make sure fans, songwriters and artists all get a fair shake,” said Rosanne Cash, the singer-songwriter who is co-chairwoman of the Artist Rights Alliance, an advocacy group for musicians and songwriters. | Musicians say they must put their songs on YouTube, which is owned by Google, to reach fans, but YouTube pays below-market royalty rates. “Hopefully, these investigations drive real change to make sure fans, songwriters and artists all get a fair shake,” said Rosanne Cash, the singer-songwriter who is co-chairwoman of the Artist Rights Alliance, an advocacy group for musicians and songwriters. |
Google has said YouTube helps artists reach new audiences and get paid, at the same royalty rates as Spotify. | Google has said YouTube helps artists reach new audiences and get paid, at the same royalty rates as Spotify. |
Some companies that sell goods on Amazon have argued that they have to be on its site to reach customers. Yet they fret that Amazon can use data about their sales to develop its own competing products. The trade group for major shoe brands, including Nike, Crocs and Dr. Martens, asked the F.T.C. to look into the “dual role” of platforms like Amazon. | Some companies that sell goods on Amazon have argued that they have to be on its site to reach customers. Yet they fret that Amazon can use data about their sales to develop its own competing products. The trade group for major shoe brands, including Nike, Crocs and Dr. Martens, asked the F.T.C. to look into the “dual role” of platforms like Amazon. |
An Amazon executive, Jeff Wilke, said at an event last week that those in-house brands were “a tiny fraction” of Amazon sales. “We do not allow anyone inside Amazon to have access to individual sellers’ data in order to build a private-label product,” he said. | An Amazon executive, Jeff Wilke, said at an event last week that those in-house brands were “a tiny fraction” of Amazon sales. “We do not allow anyone inside Amazon to have access to individual sellers’ data in order to build a private-label product,” he said. |
A Senate hearing last month offered a preview of the potential drama to come in Washington. | A Senate hearing last month offered a preview of the potential drama to come in Washington. |
Brian O’Kelley, founder of an ad-technology company called AppNexus, testified that in 2008 he invented an automated bidding system for advertisers that “turned every ad on the internet into a real-time auction.” AppNexus grew to 600 employees. | Brian O’Kelley, founder of an ad-technology company called AppNexus, testified that in 2008 he invented an automated bidding system for advertisers that “turned every ad on the internet into a real-time auction.” AppNexus grew to 600 employees. |
“Google’s response to the threat from AppNexus was that of a classic monopolist,” he said. Google told AppNexus clients that they would need to also use Google’s ad technology if they wanted to serve ads on YouTube, he testified. | “Google’s response to the threat from AppNexus was that of a classic monopolist,” he said. Google told AppNexus clients that they would need to also use Google’s ad technology if they wanted to serve ads on YouTube, he testified. |
AppNexus’s business slumped and it laid off 100 employees in 2016. AT&T bought it last year. | AppNexus’s business slumped and it laid off 100 employees in 2016. AT&T bought it last year. |