Thursday’s agreement with the Federal Trade Commission covers only some of the issues raised in a wide-ranging antitrust investigation that could have culminated in a regulatory crackdown that re-shapes Internet search, advertising and mobile computing.
Google is still trying to settle a similar antitrust probe in Europe. A resolution to that case is expected to come within the next few weeks.
After a 19-month investigation, Google Inc. placated the FTC by signing a consent decree requiring the company to charge “fair, reasonable and non-discriminatory” prices to license hundreds of patents deemed essential to the operations of mobile phones, tablet computers, laptops and video game consoles.
The requirement is meant to ensure that Google doesn’t use patents acquired in last year’s $12.4 billion purchase of Motorola Mobility to thwart competition from mobile devices running on software other than Google’s Android system. The products vying against Android include Apple Inc.’s iPhone and iPad, Research in Motion Ltd.’s BlackBerry and Microsoft’s Windows software.
Google also promised to exclude, upon request, snippets copied from other websites in capsules of key information shown in response to search requests. The company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Nonetheless, even before the settlement, Google already had scaled back on the amount of cribbing, or “scraping,” of online content after business review site Yelp Inc. lodged one of the complaints that triggered the FTC investigation in 2011.
In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.
Google, though, prevailed in the pivotal part of the investigation, which delved into complaints that the Internet search leader has been highlighting its own services on its influential results page while burying links to competing sites. For instance, requests for directions may turn up Google Maps first, queries for video might point to the company’s own site, YouTube, and searches for merchandise might route users to Google Shopping.
Although the FTC said it uncovered some obvious instances of bias in Google’s results during the investigation, the agency’s five commissioners unanimously concluded there wasn’t enough evidence to take legal action.
Google protects Internet search recipe while agreeing to other changes to end antitrust probe
Federal Trade Commission (FTC) Chairman Jon Leibowitz speaks during a news conference at FTC in Washington, Thursday, Jan. 3, 2013, to announce that Google is agreeing to license certain patents to mobile phone rivals and stop a practice of including snippets from other websites in its search results as part of a settlement to end a 19-month investigation in the search leader’s business practices.
“Undoubtedly, Google took aggressive actions to gain advantage over rival search providers,” said Beth Wilkinson, a former federal prosecutor that the FTC hired to help steer the investigation. “However, the FTC’s mission is to protect competition, and not individual competitors.”
Two consumer rights groups lashed out at the FTC for letting Google off too easily.
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