Monopolies, Lies and Fear
The basic thesis of this report isn’t a surprise, and consists of two basic elements. The subcommittee found that Apple, Google, Facebook, and Amazon are abusive monopolies. The report also noted that Obama and Trump era enforcers failed to uphold anti-monopoly laws, which allowed these corporations to amass their dominance.
What makes these platforms unusually dangerous is that they are gatekeepers with surveillance power, and they can thus wield “near-perfect market intelligence” to copy or undermine would-be rivals. For Apple the dominant facility is the App store, for Google it’s the search engine, Maps, adtech, etc, for Facebook it’s social media, and for Amazon it’s the marketplace, AWS, Alexa, Fulfillment, and so forth. They exploit their gatekeeping and surveillance power to extract revenue, fortify their competitive barriers, and subsidize entry into new markets.
Over and over, the report just lays into the Federal Trade Commission and Antitrust Division for refusing to enforce monopolization laws and failing to stop mergers, even when they had evidence that such mergers were anti-competitive. The four companies bought more than 500 companies since 1998. However, "for most, if not all, of the acquisitions discussed in this Report,” it says, “the FTC had advance notice of the deals, but did not attempt to block any of them." What were the priorities of the agencies? "Both agencies have targeted their enforcement efforts on relatively small players—including ice skating teachers and organists—raising questions about their enforcement priorities." Ouch.
But the subcommittee report is also a deeply political document, explicitly so. Cicilline attacks the way that these corporations finance think tanks and academics. “Through a combination of direct lobbying and funding think tanks and academics,” it wrote, “the dominant platforms have expanded their sphere of influence, further shaping how they are governed and regulated.” I got fired from my think tank after criticizing Google in 2017, so that section rings true to me. The platforms also engaged in routine attempts to deceive investigators, and the report is merciless about such attempts at deception. For instance, the committee asked Amazon for a list of its top ten competitors. The report authors noted that “Amazon identified 1,700 companies, including Eero (a company Amazon owns), a discount surgical supply distributor, and a beef jerky company." The report has multiple examples of such dissembling, from each company.
The report also notes the coercion they have imposed on commerce. It’s one of the first things Cicilline articulated last year when starting the investigation as he started poking around, how scared businesspeople were to talk to the subcommittee. Investigators found “a prevalence of fear among market participants that depend on the dominant platforms, many of whom expressed unease that the success of their business and their economic livelihood depend on what they viewed as the platforms’ unaccountable and arbitrary power.”
The report is peppered with footnotes of interviews from anonymous customers and merchants who use the platforms. Said one source, “It would be commercial suicide to be in Amazon’s crosshairs . . . If Amazon saw us criticizing, I have no doubt they would remove our access and destroy our business.” One attorney representing app developers said they “fear retaliation by Apple” and are “worried that their private communications are being monitored, so they won’t speak out against abusive and discriminatory behavior.”
It’s a sophisticated document, with sections analyzing industry dynamics among voice assistants and cloud computing, as well as presenting better data on the platforms themselves. Facebook, for instance, has over 200 million users in the U.S. just on its Facebook app, and is on 74% of mobile phones, which is new information. Amazon has in all likelihood over 50% of online sales, not 40% as eMarketer puts out. And I learned some new areas of anti-competitive activity, like Google requiring users of Maps APIs to have a Google Cloud Platform account, or credible allegations that Amazon Web Services engaged in “cross-business data sharing.”
But the key finding was that “courts and enforcers have found the dominant platforms to engage in recidivism, repeatedly violating laws and court orders,” which “raises questions about whether these firms view themselves as above the law, or whether they simply treat lawbreaking as a cost of business.”
I put up a twitter thread yesterday with all the various nuggets I found interesting, but the bottom line is that the House Antitrust Subcommittee found, with lots of evidence, that these are aggressive and deceptive predatory monopolies.