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Google Search » Enterprise Windows | J. Peter Bruzzese » MS + Yahoo = Antitrust bait?

February 06, 2008 | Comments: (0)

MS + Yahoo = Antitrust bait?

The Microsoft monopoly alarm is being raised, but few will listen given Google's position in the marketplace

What is a monopoly? Wikipedia states, "In Economics, monopoly (also 'pure monopoly') is a persistent situation where there is only one provider of a product or service in a particular market. Monopolies are characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods. Alternatively (a modern and less common usage), it may be used as a verb or adjective to refer to the process (see Monopolism) by which a firm gains persistently greater market share than what is expected under perfect competition. The latter usage of the term is invoked in the theory of monopolistic competition."

Is Microsoft engaging in a monopolistic practice by being allowed (if the U.S. Congress Judiciary Committee agrees on February 8) to purchase Yahoo? Not if you consider the "one seller" aspect that Google and others offer the competition. So even if Microsoft buys Yahoo, it isn't a monopoly if there is some form of competition out there, and Google is certainly competition. But that doesn't mean Microsoft faces "fair" competition -- after all, it has the ability to spend and spend to trump the existing competitors. (Then again, the Yankees have been accused of this too -- spending more money to get the best players. And yet, although they have a great winning streak -- winning 26 World Series championships -- they don't win every year, and haven't won since 2000.)

Is Google happy about this move? Not quite. Using the word "troubling," it wants regulators to scrutinize the deal. Google is concerned that Microsoft can "unfairly limit the ability of consumers to freely access competitors' email and instant messaging services." That is a reasonable concern, although Microsoft knows that it is constantly under the microscope and probably will tread lightly in this regard.

In terms of at least one portion of the market (search, which represents the bulk of Google's revenue), Steve Ballmer said it best: "Google's clearly got a dominant position. They've got about 75 percent of paid search worldwide." So in actuality, it is Google that is holding the monopoly position in that particular market. If anyone else jumped in to be the No. 2 competitor, it would be seen as fair, but somehow when Microsoft does it, it's viewed as a monopoly.

However, David Drummond, Google's senior vice president, says it is more than a business issue: "It's about preserving the underlying principles of the Internet: openness and innovation." It's commendable that anyone is worried about the "underlying principles" of the Internet (if that is his real concern). He forgot to mention, however, a few of the other cornerstones of the Internet: military (see DARPA), commercialism, pornography ...

Although I am a Microsoft evangelist the majority of the time, I don't believe this acquisition should have Google worrying at all.

True, fourth-quarter 2007 profits were not what everyone hoped for Google. But compared to where Yahoo has been going (down the tubes), the move comes as Yahoo's business continues to decline. Jeffrey Schwartz wrote in RedmondMag.com: "The company earlier this week reported pullbacks in its business and plans to lay off 1,000 employees. Archrival Google, meanwhile, announced last night fourth quarter revenues of $4.83 billion, an increase of 51 percent year over year."

Personally, I use Google every day. I use a Gmail account; I use Google search in favor of all the other search engines (including Yahoo and Microsoft Live), and I use Google documents all the time. I love how easy it is to use the tools Google has provided, and I feel comfortable with what I know works for me. I think, currently, it has the better product. And I also have a Yahoo account and have tried all the other types of services available. But I come back to Google. So I have no problem with Microsoft spending some money to buy Yahoo. I don't think it will affect my use of Google tools whatsoever. Unless the Microsoft/Google combo comes up with a better product. And isn't that the point? A little healthy competition (or unhealthy competition) never hurt anyone.

What's your opinion? Do you think the proposed acquisition will stimulate competition or build a monopoly?

Posted by J. Peter Bruzzese on February 6, 2008 03:00 AM


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Let's be serious. The Justice Dept.,ICC and SEC haven't really given anti-trust a whole lot of credence for over 20 years. Horizontal mergers, collusion, price-fixing, etc. have been rampant and are a large portion of the cause of the state of American business affairs. MS is a long-standing government contractor so a ruling in their favor would come as no surprise to me. This is the sort of practice that MS has engaged in for years....why would they stop now?

Posted by: Voodoo101 at February 6, 2008 06:34 AM

The other element of a monopoly that you are ignoring is the vertical aspect: control of one part of a value chain allows control of the entire value chain, even though there is no real logical connection. MS uses a dominant position in both operating systems and office application software to charge exorbitant fees for both.

Judge Jackson was absolutely correct to impose a required separation of the two businesses, unfortuantely $50 billion dollars will buy whatever "justice" you want.

If these were fully separated, there would be Office for Linux -- probably priced at well under $100 per seat in quantity -- and fully documented WinOS API calls for application vendors to compete.

The most likely scenario is that MS will create an advertising fee structure that some advertisers would receive preferred treatment in a Yahoo search results list, if the advertiser would include a special code to avoid appearing in Google results.

Posted by: Bill Mc at February 6, 2008 10:10 AM

If you take a mediocre search engine (Yahoo) and add a less-than-mediocre search engine (currently owned by MS) it doesn't add up to a great search engine (Google). MS already owns a search engine and all their $ haven't made it #1. Other than keeping Yahoo where they are in the market, I don't see the MS $ doing much.

Posted by: Wayne Thomas at February 6, 2008 11:32 AM

Combining Yahoo + Microsoft would create a near monopoly on internet portals and email. I find it strange that this is not mentioned more.

Ballmer makes all his internet properties a showcase for Microsoft's Internet products. So he has to go into Yahoo and slaughter every single product they are now selling. Yahoo's employees will have no choice but to quit because he'll be forcing them to change everything to Windows, and Unix-based people will quit and seek employment elsewhere before doing something silly like that. Most of them are probably not even qualified to continue with their jobs once everything goes Windows. I'd call that cruel and unusual punishment.

From the point of view of customers, who have overwhelmingly selected Yahoo's offerings over Microsoft's, I see this as a catastrophe. The Flickr users who have mounted protest signs are on the right track. If we're lucky, Steve Ballmer will allow Caterina Fake et al to do a leveraged buyout of the place. But i think Ballmer's too sadistic to do the right thing.

I don't even understand how this benefits Ballmer because I expect the transition to be extremely difficult for everyone involved, particularly with Yahoo gutted of pretty much everyone who knows the systems as they were at the time of the takeover. He will have spent $45 billion plus for an empty shell with the remaining employees the bottom of the barrel time-servers and the audience dwindling over to Google, Facebook and whatever else is out there.

Are there antitrust considerations in buying a company to destroy it, its products and culture wholesale? I don't work for Yahoo, and I'm glad I don't, but I hate Steve Ballmer for doing this. It may feed his ego but it's awful for Yahoo, Yahoo's customers and the Internet as a whole.

D


Posted by: David H Dennis at February 6, 2008 11:40 AM

D, BillMc, et all......

The anti-trust (Serman Act, et all) considerations will most likely end up non sequitr. MS has bought companies (and tried to buy others) solely to "embrace, extend, extinguish". Why not now?

The employees who aren't "Vista Capable" will go the way of NT4.0 and the customeers will have to adapt and overcome. It will be the beginning of a new and improved .NET Web2.0 experience that you will all enjoy.....or else.

Posted by: Voodoo101 at February 6, 2008 12:32 PM

MS should not be allowed to buy Yahoo without first spinning off Zimbra. Zimbra was purchased by Yahoo for $350M last October. It is the only viable competition to MS Exchange and is used by 10s of millions of people worldwide in both its paid and open source versions. Microsoft will destroy Zimbra by letting it die on the vine. This is clearly anti-competitive and should not be allowed.

Posted by: Harris Landgarten at February 6, 2008 02:41 PM

Antitrust law has less to do with monopolies, than with competition. Regulators don't like a situation where three competitors suddenly become two competitors, where prices can rise from lack of competition.

Remember, the Sherman Act has two parts:
1) monopolization
2) restraint of trade

Posted by: Johnny at February 6, 2008 07:48 PM

Don't agree: "it has the ability to spend and spend to trump the existing competitors."--There is abviously a limit, I have heard that Microsoft has to take someone's help (or loan) to buy even Yahoo.

Dont' agree: "Google's clearly got a dominant position. They've got about 75 percent of paid search worldwide." "---Who has stopped anyone from moving ahead from google. If you have a ability go ahead. Nobody has stopped anyone from taking no.1 position. THiS MEANS THAT NOBODY IS SUFFICIENTLY ENABLE TO SUCCEED.

strongly agree: But I come back to Google.

Posted by: sachin at February 6, 2008 11:45 PM

Very true... to those who understand Sherman a bit. Restraint of competition has been a problem in many sectors, but MS has gotten away with destroying competing technologies that they were unable/unwilling to originate. Hopefully, this will be a litmus test of the legal system. If the legal/regulatory system acts as an honest broker this deal won't go through. If it does go through.....we all better brush up on our Visual Studio operations and prepare for at least another decade of poor security built-in to most of what we do.

Posted by: Voodoo101 at February 7, 2008 04:57 AM

Oh my. Put my house back down on the ground.

Let us all bow our heads for a moment and pray that Yahoo is effective in resisting the Borg, especially since they seem so inclined.

Now for those of you who are new to the the Borg's tactics, research the creation of Internet Explorer when it came miraculously fast onto the scene and was indistinguishable from Netscape except for the look of the spinning Logo.

Jump forward a smidgen in time to v4 when it was starting to be an indispensable (or at least, not a disconnectable) part of Windows. Then v5, v6, and now v7 actually stealing ideas (tabbed browsing) directly from the only visible competitor (firefox).

And the suits? "MUST RUN IE... MUST RUN IE..."

So with all the pressure to jump into SOA (really an acronym for Surrender Open Applications!), how can you not see yourself digging through the registry to change the magic byte that allows you to access Google instead of Yahoo in less than two years?

"Resistance is futile."

Posted by: tcapun at February 8, 2008 06:33 PM

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