Google is facing subpoenas regarding its search ad practices from the Federal Trade Commission, which is also speaking to the search engine's rivals about the company's business practices.
The Federal Trade Commission will subpoena Google over
concerns that it has stifled competition on the Web, an action that could lead
to a more formal antitrust inquiry into the company's search advertising
The Wall Street Journal said
the FTC's five-member panel will
soon send Google (NASDAQ:GOOG) formal demands for information.
Moreover, the FTC will eventually send companies that
work with Google formal requests for info about their work with the search
engine, which commands 65 percent of the U.S. search market and averages a 90
percent-plus share in some countries around the world..
Neither Google nor the FTC would comment for eWEEK
this matter, which comes after the European Commission began investigating
Google for similar
transgressions overseas in November.
Vertical search engines Foundem,
eJustice.fr, Microsoft Ciao and Microsoft (NASDAQ:MSFT) itself complained to Europe's
antitrust agency that Google surfaced its own links on Google.com before those
of smaller rivals. This favoritism, they argued, proved anticompetitive.
Europe's concerns were extended to the U.S. by the Texas
state Attorney General Greg Abbott, who asked
for reams of info on Google's ad
pricing, shopping search and the ranking of Websites in search results and ad
Google typically faces antitrust investigations over its
larger mergers, such as its $3.1 billion bid for DoubleClick in 2008 and most
recently, its $700 million bid for travel search
vendor ITA Software.
After the Justice Department cleared the ITA buy in April,
the FTC warned Microsoft, Yahoo (NASDAQ:YHOO) and
several other high-tech companies that it will issue civil investigative
demands for info about Google's search ad practices. These demands are
tantamount to subpoenas.
That brings matters to the present. The FTC has decided
to press forward after hearing complaints from Microsoft, Expedia (NASDAQ:EXPE), TripAdvisor,
Yelp and others that Google promotes its own Web services above their own.
Google didn't do itself any favors when it declined to make
one of its top executives available for a senate subcommittee's request for
testimony about the search market.
U.S. senators Herb Kohl (D-WI) and chairman of the Senate
Subcommittee on Antitrust, Competition Policy, and Consumer Rights, and Mike Lee,
(R-Utah) have threatened to subpoena Google CEO Larry Page and Executive
Chairman Eric Schmidt to testify for their hearing on the search industry next
Google expects to send Chief Legal Officer David
Drummond, who has been with the company for years and in 2007 testified before the
committee regarding Google's DoubleClick acquisition and other matters.
"We're in talks with the Subcommittee, and we'll send them the
executive who can best answer their questions," a Google spokesperson
However, Kohl and Lee said in a June 10 letter they preferred to have Page or
Schmidt to answer "fundamental questions about business operations rather
than merely legal matters."
Failing to bend to the Senate's wishes could draw more scrutiny from
the FTC. FairSearch.org, which includes Expedia, Microsoft and more
online travel companies whose goal was to keep ITA from falling into
grasp, cheered the idea that the FTC is launching a broad antitrust
investigation into Google's business practices.
"Google engages in anti-competitive behavior across
many vertical categories of search that harms consumers by restricting the
ability of other companies to compete to put the best products and services in
front of Internet users, who should be allowed to pick winners and losers
online, not Google," FairSearch said in a statement.
said the FTC's investigation could take a
year or longer to unfold, and may not result in any formal charges. Versus Google.