Category: Diversity of ownership

Simpson, Thatcher &

Here’s an excerpt from an article in GCP, the “Online Magazine for Global Competition Policy” by Peter C. Thomas, entitled “Lifting the Fog: Google/DoubleClick Demystified.”
“In the end, both the FTC and the Commission cut through the fog of the complaints surrounding the proposed merger to get to the right answer, namely that Google and DoubleClick operate in different, already competitive markets, and that their complementary services, when combined, will not harm competition in any relevant market.”

But readers should follow the asterisk next to Mr. Thomas’s byline, which reads [our emphasis]: “∗ The author is the Managing Partner of Simpson Thacher & Bartlett LLP’s Washington, D.C. office…Simpson Thacher represented Hellman & Friedman and DoubleClick in the acquisition by Google.”

We love objectivity!

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Google’s target as it absords DoubleClick: “big world of brand and display dollars”

One phase of the regulatory review is over, but the effort to protect privacy online continues. The work of EU and U.S. privacy and consumer groups during the merger encouraged officials on both sides of the Atlantic to more closely examine online data collection practices of Google and others. We believe that EC privacy commissioners will continue to press for more effective safeguards. We were told that the EC competition authorities met resistance to their merger analysis from other officials concerned about privacy and media diversity. In today’s digital media era, the diversity of content creation, protecting privacy, and the competitiveness of the online ad business are intertwined.

We intend to keep our Google watch (along with our focus on the online ad industry). Today’s Advertising Age article on the Google/DoubleClick merger gives a sense of where the search leader is headed [excerpt. our emphasis. subscription required]: Google executives were meeting with reporters in their New York office this morning when the official news came through. “There’s a big world of brand and display dollars we haven’t been as aggressive in or played in,” Penry Price, VP-North America sales for Google, said at the meeting… “We want to build on top of that platform [DoubleClick’s] and create next-generation tools to work with marketers and agencies to have an end-to-end solution from planning to reconciliation”….”I think would we be disappointed in 2008 and 2009 if we don’t have a very significant presence in the display marketplace,” Google President-Advertising Tim Armstrong said yesterday at the Bear Stearns Media Conference.

PS: Here’s what JP Morgan said, in part, about the consequences of the Google/DoubleClick merger in a report released yesterday: “Better targeting opportunities. Google will now have behavioral data from search, email, video, and web usage on network sites. We believe this will allow the company to provide much better ad-targeting, leading to increased CPMs on DoubleClick sites.”

The EC approval of Google’s DoubleClick takeover

Statement on the EC Decision on Google/DoubleClick
Jeff Chester, Center for Digital Democracy

By failing to impose safeguards, EC regulators have helped strengthen a growing digital colossus that will now be in a dominant position to shape much of the global future of the Internet and other online media. The EC [DG Comp] appears to have embraced the FTC’s flawed analysis of the online ad market. It represents the failure of antitrust regulators to understand and respond to the growing consolidation of control over online ad delivery, data collection, and the funding of content. This decision will have profound and unfortunate consequences for the Internet’s evolving role as a democratic communications medium.

EU and US antitrust regulators have also perversely set the stage for Microsoft’s goal of acquiring Yahoo!, furthering more concentration of control in the new media sector. Instead of ensuring competition, DG Comp and the FTC have literally paved the way for the emergence of a global digital duopoly over online advertising (which is the principal way online content is funded). By permitting Google to dramatically grow in clout, regulators will have to likely enable the further growth of a # 2 competitor to Google—which will be Microsoft.

US and European policymakers must reform the antitrust process to reflect the realities of the digital market era, where competition, data collection, and content creation are seamlessly intertwined. In today’s digital marketplace, the company that controls the most data about consumers and has the global reach to connect to them raises both anticompetitive and privacy concerns. An antiquated and piecemeal antitrust approach fails to protect citizens, consumers, and competition.

The Center for Digital Democracy, which opposed the Google/DoubleClick merger in both the U.S. and in the EC, will continue to press policymakers to play a more responsible forward-thinking approach to competition and consumer protection for online and interactive media.

Yahoo! Says its “Largest Publisher on the Web”

Part of our series on digital media marketing mergers, Microsoft-Yahoo! division. Via Yahoo!’s Sue Decker blog post:

“As the largest publisher on the Web that also leads in display advertising, and holds a strong number two in search, we maintain one of the world’s largest advertising networks and operate the Right Media Exchange. We’re truly in the best position to understand the evolving needs and demands of the entire ecosystem.” Ms. Decker explained that Yahoo!’s “cutting-edge” Apex platform “will enable all participants in the ecosystem to benefit:

  • Publishers will be able to better serve their advertisers’ needs by making it easy for publishers to sell, package, and distribute other publishers’ inventory alongside their own, giving advertisers extended reach to audiences across the Web through a centralized platform.
  • Advertisers will be able to spend more time on driving revenue and developing compelling creative for their audiences, rather than dealing with the complexities of ad generation, assembly, trafficking, and serving ads.
  • Advertising agencies will be able to streamline the buying process for multiple accounts across multiple publishers and allow for creative testing and campaign optimization, even as the campaign evolves.
  • And last but not least Advertising Networks will benefit from having a platform that connects publishers to the best advertisers for their site and audience, and advertisers to the best publishers with the most relevant audiences, thereby increasing both their reach in the process.”

Microsoft/Yahoo! privacy & merger watch: Yahoo! is "largest behavioral targeting network" according to its Blue Lithium subsidiary

Yesterday, the behavioral targeting firm and Yahoo! subsidiary Blue Lithium gave a lunch time presentation at the OMMA Behavioral Targeting conference. The Yahoo!/Blue Lithium representatives discussed how “Yahoo! was the largest behavioral targeting network,” even prior to its acquisition of Blue Lithium. They talked about the “amount of knowledge we have about users,” including the “deep information” on its “hundreds of millions” of users. Yahoo!, they claimed, had a treasure trove of user data for its targeting “engine,” including search clicks, page views, ad views, and clicks. Yahoo!, they explained, “has spent time and money” to build an ad targeting system that can use all this data, with 400 distinct “categories and models.” Yahoo! has “scale” and “unprecedented reach.” They made a point of noting that [for now], Google doesn’t use behavioral targeting. The representatives also boosted about Blue Lithium’s retargeting capabilities, and that they can target with “specific messages,” and “identify the people that clicked.”  The retargeting is followed up with a “call to action” they noted.

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Microsoft/Yahoo! combination would create a "dominant player in display ads"

From the UK’s New Media Age online ad trade (excerpt). It underscorses for us the failure of regulators to address both the competition and privacy issues (let alone consequences for digital media content diversity): “A merger in the wake of Microsoft’s proposed $44.6bn (£22.7bn) takeover, could create a dominant display provider to match Google’s dominance of the search market…A combined Microsoft-Yahoo! could reach as much as 81.5% of the total worldwide audience…

“I think it would consolidate a position as the dominant leader in display advertising, in the same way that Google is the head-and-shoulders leader in search’ [said Caroline McGuckian, global head of media at LBi.]…Media agencies have largely welcomed the takeover as a boost to the display ad market, particularly behavioural targeting. It’s also seen as bringing welcome competition to Google’s dominance of online.”

source: “Microsoft-Yahoo! Would Be Display Ad Leader.” Danielle Long. NMA. 07.02.08 [sub. required]/

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Microsoft’s quest for Yahoo!—Follow (Your!) Data…or Hi, Ho, Hi, Ho, it’s off to harvest your data we go

We will be covering the proposed takeover, from both the online advertising business and privacy side. Here’s a revealing tidbit from BusinessWeek on what Microsoft hopes to achieve from a deal: “What’s more, the company is hoping to bring together Yahoo’s research and development staff, who’ve done innovative work in online advertising auction theory and data-mining, with its own online lab.”

Yes, a key to analyzing this deal–if it happens–is what are the consequences when Microsoft’s adCenter merges with Yahoo!’s Panama and other data mining assets. That’s why it’s important to keep a spotlight on what Google and Microsoft, among others, plan to do. Here’s an example of where we are headed, courtesy of Microsoft’s adLab demonstration this week [via Clickz]: “Online advertising has been centered around keywords for too long,” said Tarek Najm, an engineer for Microsoft’s advertising and business intelligence systems, adding the “next wave of advertising is going to use new algorithms and technologies” that display ads based on consumer intent.”

Microsoft’s Digital Ad Vision: Part 2

From this week’s Microsoft’s “Strategic Update [Feb. 4, 2008]. Excerpt:

“Advertising is a key part of a number of the opportunities that I talked about, and the key probably right now for us to continue to grow our advertising footprint starts with what we’re doing with search and portal. We have made good progress in that business. It is growing. Since our start four years ago, we now have what I would call a very credible search product, a very credible advertising platform. We’ve got good trajectory. This was, in some senses, the best time for us to ask ourselves, what else can we do to make ourselves even more effective in this business?
And in a sense, the fact that we’re in a stronger position now than we were 12 months ago actually makes this an easier acquisition to consider, even though, as I said in my letter to Jerry Yang, we did have discussions a year ago with Yahoo! about combining the businesses. People say, what are you doing here? Well, what we’re trying to do is take some momentum that we have and ask, how do we really increase that momentum even further? What else can we do?
And the truth is, either on our own efforts or, hopefully, now that we’ve proposed this acquisition, on our efforts merged together with Yahoo!, there are really four things we get a chance to work on. First and foremost is to expand our R&D capacity. We’re going to have to innovate like crazy to get the position want to have in this market. We’re going to have to innovate in the ad platform. We’re going to have to innovate in core search. We’re going to have to invest in new, emerging user experiences —mobile, social media, video, entertainment experience. We need the R&D capability to really compete with the market leader.
We continue to hire people and transfer people. But in fact, bringing together Microsoft and Yahoo! will allow us, because of the fantastic engineering talent both at Yahoo! and at Microsoft, we get more capacity more quickly. We get a chance to not have to think so much about how do we not use the capacity we have, but how do we deploy this incredible team to make sure that we’re doing everything and more that the market leader might be doing?”

The Net’s “Long-Tail”–a Leash Controlled by Two Giants & FTC Bungles Merger Review

Just a few added thoughts on the proposed Microsoft-Yahoo! deal. We think there needs to be real soul-searching by Congress and the FTC on how it addressed the Google/DoubleClick deal and the related spate of new media mergers in 2007. We told both Hill leaders and the FTC that they needed to explore the larger dimensions of this deal–including its impact on the diversity of online publishing (that’s because whomever controls the “monetization” engine of the online ad biz becomes the critical controller). When Microsoft, Yahoo!, Time Warner and the others went on a post GoogleClick shopping spree, we said the FTC should reject these mergers until they had examined the entire online ad market. But the commission failed to do so, in our opinion.

So now as a proposed Yahoo! takeover by Microsoft is considered, one serious concern is that a merger brings with it newly acquired assets that further add to concerns over consolidation and data privacy. The FTC approved without safeguards the $6 billion takeover of aQuantive by Microsoft. The FTC approved without safeguards the takeover by Yahoo! of behavioral targeting ad network Blue Lithium. The FTC approved without safeguards Yahoo!s acquisition of online ad exchange (and data collection system) known as Right Media. There have been other purchases as well by the two companies.

Congress will need to investigate the implications to both competition and consumer privacy: neither the FTC nor DoJ can be trusted to address these concerns. There are also human right issues, given Microsoft’s own work in China. We will be following this deal closely, including examining the implications of a Yahoo!-Microsoft digital combine.

Google’s Privacy PR: Here’s What They Sent to Reporters. But real safeguards are required, especially in the GoogleClick era

Yesterday a reporter sent me the following email sent from the Google PR shop. Instead of calling for responsible policy safeguards to protect consumers, Google is distributing booklets, videos and other self-help materials (in other words, let the user beware). It’s not surprising that Google is on a PR effort to quell the growing calls for real privacy protection. But they are not living up to their own ideals if they fail to really be more candid about the conflicts they have with a business model entirely based on data collection and targeted marketing.

Here’s the email:

“From: “Adam Kovacevich”
To: undisclosed-recipients:;
Sent: Monday, January 28, 2008 12:23:11 PM (GMT-0500) Auto-Detected
Subject: Happy Data Privacy Day

Okay, okay, so you can be forgiven if you didn’t realize today was Data Privacy Day here in dear old North America. At Google we’ve been doing a lot lately to educate our users about our privacy policies (particularly the launch of our Google Privacy YouTube channel ), but we figured today was a good day to unleash a few more education efforts. To wit:

• A brand spankin’ new video on the YouTube channel explaining how cookies work: http://youtube.com/user/googleprivacy
• A new booklet ( http://64.233.179.110/blog_resources/google_privacy_booklet.pdf ) that gives our users an in-depth look at our privacy practices and approach. This should be a particular good resource for you journos too.
• We’ve co-sponsored the creation of educational materials ( https://www.privacyassociation.org/images/stories/pdfs/DPD08_TeenPrivacyOnline_slides.pdf ) on teen online privacy for parents and educators.
• Our senior privacy counsel Jane Horvath is today joining legal scholars, privacy professionals, and government officials from Europe and the U.S. at an international data privacy conference being held at Duke University in Durham, North Carolina.

For more on all of this, check out our blog post:

http://googleblog.blogspot.com/2008/01/celebrating-data-privacy.html

or background from the Search Engine Land blog:

http://searchengineland.com/080128-095148.php

Adam

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Adam Kovacevich | Sr. Manager, Global Communications and Public Affairs | Google
1101 New York Ave NW | Second Floor | Washington, DC 20005 “