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Chronicles

The story behind the story

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US v. Google raises the question of how antitrust law handles a company becoming dominant due to offering a far superior product, especially if the DOJ wins

if you're “the best” in a world with no completion, what does “the best” even mean?  Was Standard Oil a legitimately better oil company?  You need regulation for competition.  The notion that we get balanced competition from a “free market” (lol) is something I can understand a 10 year old believing in, but it's embarrassing for everyone else. … X: @johnwilson : @Techmeme @mmasnick And the alternative could very well be Apple creating its own search engine for iOS. How would that be less of an antitrust concern? Paul Thurrott / @thurrott : “” No, it doesn't. It's not about becoming dominant. It's about breaking the law *while* being dominant. It's not unique.

Techdirt Mike Masnick

Context & Ripple Effects

The debate sits within the DOJ’s search case, where the government alleged that nearly half of Google’s 2019 search traffic came from Apple devices, tying the competition question to default-search distribution on Apple products. Google’s contemporaneous response was that users choose its service because of its quality, not coercion—a defense at the center of this argument.

First-order effects

  • A DOJ win would test whether antitrust liability can turn on conduct that protects distribution or defaults, even when Google argues its search product is preferred on the merits.
  • Google and Apple would face sharper scrutiny of the commercial arrangements through which search reaches users, rather than only of search-result quality.

Second-order effects

  • Rivals would gain a clearer basis to argue that access to device and browser defaults—not merely product quality—limits their ability to compete.
  • Platform owners would need to weigh the value of exclusive or default-placement deals against greater antitrust exposure, potentially making distribution more contestable.

Third-order effects

  • If courts distinguish product superiority from control over the channels through which users encounter that product, antitrust analysis could focus more consistently on gatekeeper distribution power.
  • The durable policy question becomes whether competition law can preserve routes to market without treating successful products themselves as unlawful—a tension also visible in earlier criticism of self-correcting-market arguments.

The trend: Tech antitrust is increasingly centered on whether defaults, distribution agreements, and platform access can entrench a leading product independently of its underlying quality.

Discussion

  • @eARCwelder@mastodon.social Alex on mastodon
    This misses the point—if you're “the best” in a world with no completion, what does “the best” even mean?  Was Standard Oil a legitimately better oil company?  You need regulation for competition.  The notion that we get balanced competition from a “free market” (lol) is somethin…
  • @thurrott Paul Thurrott on x
    “US v. Google raises the question of how antitrust law handles a company becoming dominant due to offering a far superior product, especially if the DOJ wins” No, it doesn't. It's not about becoming dominant. It's about breaking the law *while* being dominant. It's not unique.