Antitrust

In the waning months of Democratic control, the Federal Trade Commission is getting ready to probe Microsoft for alleged anticompetitive behavior, The Financial Times reports.

The company has successfully reduced its record-setting EU fine of €1.06 billion to €376.36 million, at most. It was levied way back in 2009 after the x86 maker was found guilty of anticompetitive practices like paying PC makers to halt or delay the launch of products fitted with competing chips.

While platforms like YouTube, Facebook, and the App Store deal with Digital Markets Act regulations put on powerful digital gatekeepers, the service formerly known as Twitter won’t have that problem:

Last week, Judge Donato ruled that Google would have to open up Android to third-party app stores starting November 1st — but Google immediately filed an appeal and asked for an emergency stay.

Couple things here: It’s the DOJ, not Lina Khan’s FTC, that is currently pursuing a breakup of Google and in the middle of a giant Apple antitrust case, so it’s not even clear Cuban has pointed his ire at the correct target with this comment. And what a wild political re-alignment when AOC and JD Vance agree that Khan is doing a good job!

Following a final ruling that says Google will have to open up the Play Store to third-party marketplaces, Google reaffirmed its plans to appeal the decision.

In a sealed order, a federal judge granted part of Amazon’s motion to dismiss, but gave the Federal Trade Commission a chance to re-file at least some of those charges by the end of the month. Like Google’s antitrust trials, the judge said this one will be split up into a liability and remedy phase, if the court finds for the FTC.

Closing arguments in their ad tech antitrust trial will start at 10AM that day. But for now, it’s a wrap.

Bloomberg reports that “a formal chargesheet” is being prepared by EU officials, taking issue with how it presents rivals on search services like Google Flights and Google Hotels.

I’ve been going to this extremely wonky and jargon-y trial almost every day, and I joined Decoder to translate the highlights so far. The trial — which is only accessible in-person from an Alexandria, VA courtroom — is in its second week. Google is expected to start calling witnesses any day now, once the Justice Department wraps its chief case.

In 2019, three years after the case began, the European Commission fined Google €1.5 billion after determining that it forced customers of its AdSense business to sign anticompetitive contracts. On appeal, the EU’s second highest court said it “upholds the majority of the findings” but annuls the fine. But don’t worry! The Commission can still appeal the decision ensuring another year or two of legal fees.

Karen Dunn, a partner at the law firm Paul Weiss, has been busy this week. It’s no wonder Virginia federal judge Leonie Brinkema told Dunn she could be on her way just after she opened Google’s defense against ad tech monopolization charges.

We’re moving through witnesses in the Google ad tech trial, including Stephanie Layser, a former consultant and News Corp advertising VP.

The Virginia courthouse is a stickler about security, so I’m posting on behalf of Lauren Feiner, who sent the following this morning:

The European Commission fined the search giant in 2017 for promoting its own shopping comparison listings over rivaling services. Now, the top European court has upheld the fine, leaving no further opportunities for Google to appeal.

Prosecutors for the US Department of Justice said in a hearing Friday that the DOJ will outline what Google should do to reverse its search monopoly status by December, reports Reuters.

The Competition and Markets Authority announced the investigation after fans purchasing tickets for the Oasis reunion tour were met with unexpectedly high prices. The CMA will look into Ticketmaster’s dynamic pricing scheme, which adjusts ticket prices based on demand.