Discuss what actions Google is alleged to have taken that violated the Sherman Act, Section 2, which has been interpreted to prohibit the following kind of conduct:

https://search.justice.gov/search?query=Google&op=Search&affiliate=justice

The page I have linked above is a page from the U.S. Department of Justice website.  If I am correct, the first two items. are a DOJ press release on the filing of suit and the actual Complaint that was filed.

What are the issues in these cases?  What might the impact of the DOJ’s actions on companies like Facebook and Amazon, who have had DOJ breathing down their necks for a while?  Here is an article that speaks to that issue.  https://www.businessinsider.com/how-google-antitrust-lawsuit-affects-amazon-facebook-apple-justice-department-2020-10

Discuss what actions Google is alleged to have taken that violated the Sherman Act, Section 2, which has been interpreted to prohibit the following kind of conduct:

  • “Unilateral conduct is outside the purview of section 2 unless the actor possesses monopoly power or is likely to achieve it.
  • The mere possession or exercise of monopoly power is not an offense; the law addresses only the anticompetitive acquisition or maintenance of such power (and certain related attempts).
  • Acquiring or maintaining monopoly power through assaults on the competitive process harms consumers and is to be condemned.
  • Mere harm to competitors–without harm to the competitive process–does not violate section 2.
  • Competitive and exclusionary conduct can look alike–indeed, the same conduct can have both beneficial and exclusionary effects–making it hard to distinguish conduct that should be deemed unlawful from conduct that should not.
  • Because competitive and exclusionary conduct often look alike, courts and enforcers need to be concerned with both underdeterrence and overdeterrence.
  • Standards for applying section 2 should take into account the costs, including error and administrative costs, associated with courts and enforcers applying those standards in individual cases and businesses applying them in their own day-to-day decision making.”  (Emphasis added)  Retrieved on December 1, 2020 from the U.S. Department of Justice website at https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-1

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