Net Neutrality Issues for Google in Search?

Network neutrality proponents implicitly assume that the key bottleneck, in terms of innovation or competition, is to be found in the broadband access connection, and the way such connections are managed.

It now appears that antitrust regulators in Europe have begun to look at other potential bottlenecks, and search practices already are getting a look, the Financial Times reports. Google's purchase (or planned purchase, as there might be antitrust review) of ITA Software, a travel technology company, is not going to help.

Joaquin Almunia, Europe’s top competition official, already has hinted that European Community regulators are taking Google’s search power seriously. An informal review of search practices already is underway, and seems to be getting more pointed attention now, given the growing issues regulators now seem to be detecting in the mobile content space.

Google has powerful competitors who will not be shy about adding their concerns, and U.S. regulators have been paying more attention to both Google and Apple of late.

The point is that gatekeepers might exist at potentially multiple levels in the Internet business ecosystem, and raising the issue in one area seems to be raising issues in other areas as well.

FT.com / Media - Net neutrality comes back to haunt Google

Apple Faces Another Antitrust Probe

U.S. antitrust regulators--it is not clear whether it is the Federal Trade Commission or the Department of Justice, are reported by the Financial Times to be weighing another investigation of Apple for restraint of trade, this time because of its plans to block rivals from access to its mobile app advertising network.

The ironic point is that regulators continue to bustle about, trying to regulate an access industry fighting simply to replace revenues it is losing, while the arguably-more-important gatekeeper decisions are being made by device and application providers, whose businesses everyone conversely expect will power the businesses of tomorrow.

The latest concern comes less than a month after concluded an  investigation of Google's purchase of AdMob. So powerful is Apple seen to be that the mere presence of Apple in the market with its own iAd network and a suite of "must have" devices was seen by regulators to be enough of a counterweight to Google that there was no risk of anti-competitive behavior.

According to the Financial Times, it is not yet clear whether it will be left to the Federal Trade Commission, which carried out the recent Google investigation, or the Department of Justice to take an investigation forward.

Apple’s latest rules about analytics for bar access to such information by competing ad platforms, third-party analytics firms or companies that compete with Apple in hardware.

Google is saying, and most observers agree, that the rules effectively bar Apple apps from using Google's ad network.

So consider the possible other implications. Perhaps in retaliation for its exclusion from the Apple application ecosystem, Google makes YouTube inaccessible from iPhones, iPads or iPod Touch devices. Or search, or other apps. You get the point: serious gatekeeping happens all over the Internet and broadband ecosystems these days.

Apple Gets DoJ, FTC Antitrust Attention

The Department of Justice and Federal Trade Commission reportedly are discussing which of the watchdog agencies will begin an antitrust inquiry into Apple’s new policy of requiring software developers who devise applications for devices such as the iPhone and iPad to use only Apple’s programming tools.

Regulators apparently are concerned the policy harms competition by forcing programmers to choose between developing apps that can run only on Apple devices, compared to platform-neutral versions.

The apparent interest shows that Apple has gotten big enough now to come under the typical scrutiny dominant firms always face.

The inquiry does not mean that there will be a full-blown investigation, only that there is some level of concern. Now that Apple's equity value ($237.6 billion) is bigger than Wal-Mart's ($201.7 billion), such scrutiny now will become an on-going concern for Apple, which will henceforth have to consider antitrust implications as part of its strategy.

That isn't to suggest Apple will face any immediate restriction of its freedom of movement. But that day is coming.

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