The Google-Yahoo ordeal is far from being over, and while
some regulators fear the deal may interfere with the online advertising market
and create an unwanted and unfair monopoly, others believe the two search giants
should be given a chance for the sake of the online advertising market and
electronic commerce.
In a letter sent by 11 California members of the U.S. House
of Representatives to Attorney General Michael Mukasey, the lawmakers express
concern over the possibility of a lawsuit filed by the Department of Justice
against the online advertising agreement between Google and Yahoo. According to
them, this would create unprecedented effects that would detrimentally affect
the online advertising market.
Furthermore, the lawmakers highlighted the fact that
the deal will not affect Yahoo’s search results, nor will it interfere with the
way the search engine works or displays results. And while some fear than this
is the perfect opportunity for Google to take over 90 percent of the
search-based advertising market, “this is simply not the case.” They also
underlined something Google and Yahoo have been trying to get through: “the
agreement is not a merger and therefore does not grant exclusive control of
online advertising to wither Yahoo or Google.”
The letter argues that while taking preemptive action
against a non-exclusive contractual agreement would be a first for the Department
of Justice, such agreements usually take place in many industries and standard
among Internet companies. “In fact, Microsoft had a similar agreement with
Yahoo and Google has similar arrangements with tens of thousands of companies.”
In June this year, Google and Yahoo revealed a non-exclusive
advertising agreement that would allow Google to put some of its search ads on
Yahoo pages. The deal is intended to provide better ads that will benefit
advertisers, publishers, and consumers. However, the potential impact of the
agreement was, as expected, a very discussed one.
In order to settle the matter straight, Google and Yahoo
agreed to a three-month period for the Antitrust Committee to investigate the
partnership, but instead of smoothing the path, they stumbled upon fears that
they might monopolize the market, diminish competition, as well as create an
advantage for the two search giants over user information.
All these accusations and concerns resulted in Google
launching a website dedicated to this partnership and to answering delicate
questions about the terms of the deal and the impact of the deal on
advertisers, ad pricing and competition.
Last week, the American Antitrust Institute released a list
of arguments suggesting there is also a positive side to the agreement, and
with the right legally enforceable requirements, the government could approve the deal. Furthermore, AAI suggested that by prohibiting the agreement
between Google and Yahoo, there is a high risk of eliminating the potentially positive
effects of the proposal, including the strengthening of Yahoo’s position as a
competitor.
The California lawmakers also argued that the deal will not
harm competition, as the “disruptive nature of the Internet makes it
extraordinary difficult for any company to dominate.” The potential of the
market remains huge, and its rapid growth increases the potential for even more
competition.