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Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?

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  • James D. Ratliff
  • Daniel L. Rubinfeld

Abstract

Google has been accused of manipulating its organic search results to favor its own services. We explore possible choices of relevant antitrust markets that might make these various antitrust allegations meaningful. We argue that viewing Internet search in isolation ignores the two-sided nature of the search-advertising platform and the feedback effects that link the provision of organic search results to consumers on the one hand, and the sale to businesses of advertising on the other. We conclude that the relevant market in which Google competes with respect to Internet search is at least as broad as a two-sided search-advertising market. We also ask whether Google has a duty to provide organic search results that are neutral with respect to whether the displayed listing is for a Google rather than a non-Google business. We articulate and apply a standard that asks whether various practices related to Google's organic search results would harm competition that would have otherwise occurred.

Suggested Citation

  • James D. Ratliff & Daniel L. Rubinfeld, 2014. "Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?," Journal of Competition Law and Economics, Oxford University Press, vol. 10(3), pages 517-541.
  • Handle: RePEc:oup:jcomle:v:10:y:2014:i:3:p:517-541.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhu013
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    Citations

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    Cited by:

    1. Daniel Rubinfeld, 2024. "Data portability and interoperability: An E.U.-U.S. comparison," European Journal of Law and Economics, Springer, vol. 57(1), pages 163-179, April.
    2. Tursunbayeva, Aizhan & Di Lauro, Stefano & Pagliari, Claudia, 2018. "People analytics—A scoping review of conceptual boundaries and value propositions," International Journal of Information Management, Elsevier, vol. 43(C), pages 224-247.
    3. Avdasheva, Svetlana & Golovanova, Svetlana & Katsoulacos, Yannis, 2019. "The role of judicial review in developing evidentiary standards: The example of market analysis in Russian competition law enforcement," International Review of Law and Economics, Elsevier, vol. 58(C), pages 101-114.
    4. Joshua D. Wright & John M. Yun, 2019. "Burdens and Balancing in Multisided Markets: The First Principles Approach of Ohio v. American Express," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 54(4), pages 717-740, June.

    More about this item

    JEL classification:

    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L44 - Industrial Organization - - Antitrust Issues and Policies - - - Antitrust Policy and Public Enterprise, Nonprofit Institutions, and Professional Organizations

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