Google Antitrust Case Suggests Apple Should Be in the Department of Justice’s Crosshairs Too

BongkarnGraphic/Shutterstock.com

Apple’s role as the gateway to billions of searches is the critical factor here.

Google’s payments to Apple to promote its search engine in iPhones, iPads and Mac computers are at the center of the Department of Justice’s antitrust lawsuit against the tech giant.

The suit alleges this creates a “continuous and self-reinforcing cycle of monopolization” by limiting which search engines consumers can use.

But as someone who studies platform markets, competition and industry structure, I believe the agreement seems more like a damning indictment of Apple’s own potentially illegal business practices.

Why Google Needs Apple

The Department of Justice alleges that Google pays Apple and other device-makers to set its search engine as the default “on billions of mobile devices and computers worldwide,” thus controlling how users access the internet.

It’s true, Google is dominant in search, which accounted for an estimated 83% of parent company Alphabet’s revenue in 2019.

But about half of Google’s search traffic originates from Apple devices. If Apple were to replace Google with an alternative default search engine on its devices, I estimate that Google could lose US$30 billion to $40 billion in annual revenue, assuming most users didn’t change the setting back to Google.

Even if Apple didn’t pick a default and pushed the search engine choice to users, it would still have to create a list of possibilities. Research on search and airline tickets has shown that consumers overwhelmingly tend to pick whatever is at the top of the list, meaning Apple would still wield significant power over user choice.

Because of this, Google clearly has a powerful motive to keep its search engine as the default choice.

Why Apple Would Pick Google Anyway

Apple’s role as the gateway to billions of searches is the critical factor here.

Consider an Apple executive preparing the iPhone or another device for launch, choosing whether to set a default search engine and, if so, which one to pick. Presumably, there are two key factors: costs and customer satisfaction.

The cost to Apple of presetting a default search engine is negligible, just a few lines of code. Without a default, consumers would need to set it themselves or type google.com or bing.com themselves to conduct a search, as opposed to the common practice of typing a search term in the URL field.

To prevent this user inconvenience, Apple would be best off presetting a search engine that was, ideally, the preferred choice of most users. The question then is: What would they prefer?

Google became synonymous with search since its founding in 1998 not simply due to its dominance – and payments to browser companies over the years – but because users found the results of its algorithm and simple interface superior to the competition. And Google continues to score high marks with consumers in satisfaction surveys.

If Apple product managers were to preset one default search engine in order to maximize user satisfaction, they would probably pick Google anyway.

A Credible Threat

So why would Google pay Apple $8 billion to $12 billion a year?

In my view, it comes down to the the fear of being supplanted by a rival search engine if it stopped paying the fee. Apple has done this to Google before.

The iPhone used to come preloaded with two Google apps: Maps and YouTube. In 2012, Apple kicked both off its devices as the two companies began to compete more aggressively with one another, requiring consumers to download the apps if they wanted to use them.

From a game theory perspective, a credible threat or perception of one could be enough to ensure continued compliance.

Since at least 2014 – around when the first Apple-Google partnership on preset default occurred – Apple has dominated mobile web traffic. This power gives Apple, as a platform providing access to users, the leverage it needs to charge and potentially extort a rent – in economic parlance – for a product design decision that it would have likely chosen on its own. This could violate antitrust law, though Apple would likely argue it’s merely monetizing a resource it built.

It All Comes Down to the Platform

Platforms provide the technological and economic infrastructure and set the rules participants must abide by.

This gives them significant power as the access point to potentially massive numbers of users, which has been the core issue underlying past antitrust actions against major tech companies such as Microsoft in the late 1990s.

While the Department of Justice lawsuit does have a strong case against Google in other areas, it seems like the part about the Google-Apple partnership should be more directed toward the company that actually controls the access to consumers.

And with new reports that Apple is planning to develop its own search engine, the government’s desired remedy in its lawsuit – the end of the partnership and the Google default – may happen anyway, making the case mostly moot.

Hemant K. Bhargava is Professor, Suran Chair in Technology Management and the director of the Center for Analytics and Technology in Society at the University of California, Davis.

The ConversationThis article is republished from The Conversation under a Creative Commons license. Read the original article.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.