American Antitrust Institute warns FTC about Google and Doubleclick merger

The AAI sent a report entitled “Google Acquisition of Doubleclick: Antitrust Implications” to the FTC today (November 6, 2007). They noted that “[P]ublicly available information suggests that Google’s acquisition of DoubleClick, which is presently being considered by the Federal Trade Commission and European Commission, raises serious competitive issues under several different antitrust theories. In this white paper, we present some background and brief analysis of the principal competitive considerations under U.S. antitrust law.”

Here’s are some key excerpts (our italics):


“The integration of search, contextual, and display advertising, even if it offers efficiency benefits, may have exclusionary effects if advertisers using rival search engines or advertiser tools cannot replicate the benefits of such integration. For example, post-merger, advertisers using DART for Advertisers or other DART advertiser tools may be unable to get the same quality of access to data and reporting on their search or other campaigns with non-Google search engines or ad networks as they can with Google search or AdSense. Moreover, advertisers that use non-DART advertiser tools may be unable to get the same quality of access to data and reporting on their Google search or AdSense campaigns that is available to advertisers using DART’s advertiser tools. In these cases, Google’s dominant position in search (and contextual) advertising will be further entrenched, and DoubleClick’s leading position in advertiser tools will be cemented. As a result, the lessening of competition in the search market and advertiser tools market may outweigh whatever efficiency benefit may result from integration…Based on the information presented here, AAI believes there is a good argument that Google and DoubleClick are horizontal competitors in two relevant markets. The first is the market for distributing online advertising space of third party (non-search) web sites, where Google’s AdSense is the market leader. The second is the market for publisher ad serving tools, where DoubleClick’s DART for Publishers is the dominant product. While the competition between Google and DoubleClick in these markets may be more potential than actual, the two companies are perhaps uniquely positioned to capture significant market share in each other’s markets. If the evidence confirms that these markets are concentrated and that entry is otherwise difficult, as appears to be the case, then the merger presents a relatively straightforward case for challenge under the horizontal and non-horizontal merger guidelines. We see little in the way of merger specific efficiencies that would offset the loss of competition…If foreclosure were the only issue, it might be resolved by placing conditions on the merger, even though there are costs involved in enforcing a regulatory decree. But unless the horizontal concerns are rebutted, AAI believes that the prudent course is for the FTC to block the merger.”

Social Network Spying Machines

As we await the announcement form both MySpace and Facebook about their respective expanded profiling and and ad targeting plans, here’s a quote to ponder via this Reuters story (our emphasis): “MySpace said more than 50 advertisers have joined its HyperTargeting program, which mines the information on the social network’s member pages to determine their main interests and what kind of commercial messages they would respond to.

“It’s looking at what they say, what they do and what they say they do,” said Adam Bain, executive vice president of product and technology at Fox Interactive Media, the parent of MySpace within Rupert Murdoch’s News Corp.”

Read this, via Adweek. 11/5/07: “Analysts and agency executives say the moves to uncover what a News Corp. executive once called the “digital gold” of user-interest data and social connections could herald the evolution of behavioral targeting as the greatest advance in Internet advertising since Google perfected keyword-targeted search ads seven years ago.

“It changes everything,” said Michael Barrett, chief revenue officer at Fox Interactive Media, the News Corp. unit that includes MySpace. “Every form of targeting has been trying to get to what that individual is thinking about, passionate about and interested in. It defines the next generation of targeting.”

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UK trade magazine reports on Google’s “sheer dominance.”

key excerpts from New Media Age, 11/1/07. “NMA Report – Competition.” Greg Brooks. Sub. required:
“One of the biggest problems facing search engines is Google’s sheer dominance of the sector. How have the latest moves from Yahoo! and Microsoft affected this?

Google’s domination of the UK paid-search market has gone unbroken since AdWords burst onto the scene in 2000. Advertisers would like nothing better than to see some healthy competition for their search budgets. But six months since Yahoo! introduced Panama, and over a year since Microsoft launched AdCenter in the UK, Google’s grip is tighter than ever…
“Google’s lead in terms of volume continues to grow, as the latest statistics from Hitwise show (see graph). Agencies say it’s the only must-have for clients…

The emergence of Panama is a strong indication that a competitive market is driving improvements to relevancy and forecasting. But it remains to be seen if anyone can challenge Google’s position,” says Michael Stroud, head of online marketing at Lloyds TSB…

Daniel Kerzner, regional director for north-west Europe at Starwood Hotels, adds, “Google remains a solid, reliable volume driver for us. Its dominance is a potential threat to business, however, if it continues to exploit its lone position in the marketplace”…

…the figures don’t make a pretty picture for Google’s rivals. Hitwise data for September 2007 shows that Google handled 85.2% of all searches in the month, with Yahoo! on 4.91% combined, Microsoft own-brand search commanding 3.95% of search, and Ask.com down to 3.55%…

“AdCenter has tried to leapfrog Google with more targeting features to drive efficiency, but has left basics like attracting more customers behind,” says Paul Bongers, head of paid search at BT, which uses Zed to plan and buy its search campaigns. “You can have the greatest search engine in the world, but if the customers aren’t there it won’t matter…
So far the new features haven’t enabled Yahoo! and MSN to gain on Google, which has actually increased its dominance of UK searches

Google Becomes a member of the Nielsen "family." Threats to our Privacy as we watch TV

Few readers may recall when Norman Lear’s “Mary Hartman” realized that she and her fellow patients at a psychiatric facility watched a Nielsen ratings-connected TV set. Lear’s critique that the TV rating system that has determined success for the TV business is deeply flawed and–frankly, crazy– is still true. But Google (and Doubleclick’s) move to monitor and analyze our viewing on TV and other platforms is just as insane–if we want to protect our privacy. “Google has been reporting millions of second-by-second data points to its TV Ads clients,” explains MediaDaily News. “Ultimately, Google expects TV’s interactive capabilities to improve to the point that it is generating the same kind of immediacy and backchannel as the Internet.” [from an interview with Mike Steib, director of Google TV Ads].

We doubt cable and DBS subscribers recognize that they are now involuntary members of the Nielsen/Google data tracking combine. Here’s how Multichannel News reports on the deal: “By combining Nielsen demographic data with aggregated set-top box data, Google plans to provide advertisers and agencies with comprehensive information…We have millions of set-top boxes that belong to EchoStar from which EchoStar is pulling data and is providing it to us for the Google TV Ad system: It’s a lot of data points,” Steib said…Advertisers can better understand exactly how their ad is performing and make near real-time changes to their TV advertising campaigns to deliver better ads to viewers, according to Google.

“One of the things we haven’t been able to provide to our advertisers to date, when we report back the very next day the impressions that they’ve received from the set-top boxes, we have not yet reported demographics and audience composition,” he said. “We are now going to be able to make that information available to our advertisers”…Google and Nielsen claim that as a result of their new partnership, this is the first time that advertisers and agencies will have such a level of detailed measurement available in a single place and at such a large scale.”

We hope Congress and the FTC will step in to prevent the entire TV viewing population from becoming involuntary drafted into the Nielsen/Google data collection, profiling, and targeting system.

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Privacy, Antitrust, and the GoogleClick Deal: Addressing the Consumer Harms

As the debate grows over Google’s growing threats to consumer privacy, we want to point to an important paper given to FTC today. It’s by Peter Swire, who is a professor and senior Fellow at the Center for American Progress. The full document can be accessed here. Here’s a key excerpt from “Protecting Consumers: Privacy Matters in Antitrust Analysis.” Peter Swire. Center for American Progress. 10/19/2007.

“The proposed merger may illustrate one such effect on quality. Currently, an individual using search at Google and clicking on the occasional ad has one or more cookies set by Google. (Individuals may also use one or more fully-identified products of Google’s, such as through Gmail.) Google has much less information, however, about where the individual goes after leaving the Google sites. Google often has “deep” information about an individual’s actions, such as detailed information about search terms. Currently, DoubleClick sets one or more cookies on an individual’s computers, and receives detailed information about which sites the person visits while surfing. DoubleClick has “broad” information about an individual’s actions, with its leading ability to pinpoint where a person surfs.

If the merger is approved, then individuals using the market leader in search may face a search product that has both “deep” and “broad” collection of information. For the many millions of individuals with high privacy preferences, this may be a significant reduction in the quality of the search product—search previously was conducted without the combined deep and broad tracking, and now the combination will exist. I am not in a position to quantify the harm to consumers from such a reduction in quality.”

Acxiom [Echo] Targets Your Data

Today’s Wall Street Journal story on Acxiom’s broadening use of online and offline data is an important story. As we noted to Journal reporters, Acxiom has been acquiring behavioral targeting firms to broaden its reach. Last month, Acxiom took over EchoTarget, a “re-targeting and behavioral network.” Acxiom, said Greg Smith (former EchoTarget CEO and now an Acxiom honcho), “recognized” that “clients are really taking BT [behavioral targeting] seriously.” Here Acxiom’s vision for its future, according to Rich Howe, chief marketing and strategy officer [my italics]:

“We can go to our clients that are looking to tie all their marketing programs in a single platform. The largest clients we deal with have these large marketing data warehouses that are already built, and large investments made, and they want to fully monetize that by including the digital capabilities. You are not going to do away with direct mail. It will continue to be a big part of the spend for big customers. We can complement all of the techniques you have had in that world with the other channels like email and search and Web site optimization, and of course trying to leverage display advertising as a means to build product or just sell products. It is multichannel play. That is the game we are playing.”

Yesterday, Acxiom officially unveiled, according to MediaPost, [my italics] “its Relevance-X products designed to allow marketers to make online media buys using an ad network targeting specific customer segments based on their predictive lifestyle and purchase intent profiles. “We’re really excited about this,” said Rich Howe, Acxiom’s chief marketing and strategy officer. “We’re bringing our knowledge and experience in direct marketing to the online channels to give clicks context–going far beyond basic information such as age, gender and household income to include the attitudes, beliefs and lifestyles of consumers that are much more predictive.”

Acxiom also acquired last Spring a company called Kefta, which it called “the leader in real-time, dynamic personalization solutions for the Internet.” Here’s a another quote from the Acxiom release on the deal [our italics]: “Kefta’s dynamic targeting solution delivers timely, relevant content to website visitors based on their unique online behavior and individual characteristics, thereby helping marketers boost response, revenues and customer loyalty. By recognizing and responding to the different needs of customers online, Kefta helps marketers deliver relevant and personalized marketing messages in real time on websites, search engines, banners and e-mails.”

In a 2007 “white paper” titled “Creating High-Precision Marketing Intelligence with Consumer-Centric Analytics,” Acxiom explains that its “integrated consumer information management” approach includes access to [my italics] “Real-time data — Real-time interactions with consumers (reflected in “hand-raising signals” such as in-bound calls, requests for information, responses to e-mail campaigns and on-line search/research click-stream data) that is captured from across an enterprise and analyzed further deepens the ability to understand specific consumers and to predict future behavior. Acxiom ConnectionPoint-XTM provides this real-time capability to fuse these behavioral signals about consumers’ interests or demand with a consumer information database.

Meanwhile, the Journal story says that Acxiom “briefed the FTC on its targeting plans and the regulators didn’t raise significant objections.” The FTC spokesperson cited in the story suggested that wasn’t true. We need to know what exactly was presented to the FTC by Acxiom and what, if anything, was said by the FTC. But it does illustrate one of our core concerns. The FTC has to face the facts about the new realities and threats to our privacy from data collection and interactive marketing. The FTC has to act now and protect consumers.

PS: Just a FYI for EU privacy officials & advocates. Your data is being analyzed by Acxiom as well. Here’s a press release excerpt: “Axiom(R) Corporation today announced the introduction of an enhanced consumer segmentation solution that will allow marketers to grow their business through a better understanding of their consumers within a country coupled with the ability to compare those consumers across countries. The new solution, Personicx(R) International, results from the combination of Acxiom’s customer data management expertise and the extensive data assets attained when Acxiom acquired Claritas Europe and Consodata last year. Bruce Carroll, Acxiom’s Strategic Development Leader explained the difference Personicx International will bring to marketers: “Traditionally, marketers rely on country-specific demographics and geodemographic systems such as Acxiom’s Personicx product. These solutions are optimised to perform within a given country and as a result do not allow for effective comparison of consumers between countries. Personicx International changes that… The new system is being made available internationally starting with the U.K., Germany, France, Spain, the U.S., Poland, the Netherlands, and Portugal and underlines Acxiom’s intentions following the acquisitions it has made over the last 18 months. “Creating Personicx International would not have been possible without access to the large data assets we now have,” Kevin Zaffaroni, Acxiom’s Leader for Europe, Asia and Australia, said. “We’re taking existing information but using new approaches to help marketers do things and achieve results that just weren’t possible before.”

Google & DoubleClick Mobile [plus Jaiku]=a Dart to Privacy

DoubleClick is promoting, via full-page ads in the U.K. trades, its new DoubleClick Mobile service “Introducing a new way to serve ads on small screens,” touts the copy. It goes on to say that online marketers can “[U]se Doubleclick Mobile to sell and managage mobile advertising with the same team and tools you use for your display and rich media business.” Here’s what DC’s “Mobile Overview” tells marketers [excerpt]: “As you engage your audience on the mobile platform you have the opportunity to take control of your revenue and operations with DoubleClick Mobile. You can capture more dollars from your mobile content by adding dynamically served mobile display ads and destination offers…Just as online banners are uploaded into DART, mobile banners and mobile companion jump pages are uploaded into and served by DART. Mobile specific targeting criteria can be set within the DART interface, including content, device and capability targeting…DoubleClick Mobile helps you deliver ads to mobile devices worry-free through our database of over 3,000 handsets indetifying each device’s unique screen size and capabilities…”

On its website, DC says that its Mobile service allows marketers to “[S]et mobile-specific targeting criteria for dynamically served mobile display ads, including content, device and capability targeting.” In the UK, DC explains that: “DoubleClick Mobile tracks impressions, third party impressions, clicks and jump page conversions. Tracking mechanisms meet the unique requirements for mobile delivery, and care has been taken to ensure compliance with network operators.”

Pixelating Privacy: Here’s what ClickZ said about the new DC mobile service: “DoubleClick Mobile aims to bring “a lot of heavy iron” [said DC VP Ari Paparo] to the developing marketplace for ads on handsets. The product is capable of pairing ads with content…In addition to standard mobile display ads, it supports ad formats such as combination ads and roadblocks. Through pixel-based ad tracking, agencies and other third parties can access campaign performance data through their own campaign reporting systems.”

Finally, we think Google’s new acquisitions (such as Zingku] in the mobile area bear examining, esp. for privacy implications. Google also just bought Jaiku, a Finnish company. Here’s how Jaiku describes its service: “Jaiku’s main goal is to bring people closer together by enabling them to share their activity streams. An activity stream is a log of everyday things as they happen: your status messages, recommendations, events you’re attending, photos you’ve taken – anything you post directly to Jaiku or add using Web feeds. We offer a way to connect with the people you care about by sharing your activities with them on the Web, IM, and SMS – as well as through a slew of cool third-party applications built by other developers using our API.

The most powerful instrument of social peripheral vision is your mobile phone. We’ve put in a special effort to create Jaiku Mobile, a live phonebook that displays the activity streams, availability, and location of your Jaiku contacts right in your phone contact list. We modestly believe it is the best solution out there for seeing what your friends are up to.”

The future is now calling. Will we act to protect our privacy?

Doubleclick’s Data Capture Cookies Reach 100-plus million Net users a Month

We wanted to place this stat on our record. ComScore did a report in June 2007 where it examined [my italics] a “a passive first-party unique identifier cookie for a major Web property (Yahoo!) and a passive third-party unique identifier cookie for a major ad server (DoubleClick). Each cookie is believed to be representative of cookies delivered to the U.S. Internet population and each reaches well in excess of 100 million Internet users per month. These two cookies were selected to maximize reach across the Internet user base to provide as complete a view as possible of consumers’ overall cookie management behavior. The study is based on activity observed within approximately 400,000 home computers during the month of December 2006. This sample was statistically weighted to represent the U.S. home Internet user population along key geo-demographic variables.”

Clearly, Doubleclick gathers tremendous amounts of user data and is considered the standard for testing usage behavior across the Internet platform. Its merging with Google poses serious threats to consumer privacy, whether cookies are crumbled or not.

source: comScore Cookie Deletion Study.

The Hidden Power of Doubleclick’s Databases

Here’s an excerpt from a new trade story. We think it’s relevant to the Google merger review, including the issue of data access and privacy. “excerpt: “Well, it turns out that the “raw” numbers we are using aren’t really raw. They look “raw” to us because 99.99% of the agency people do not have access to (or even want to look at) the raw raw. The raw raw is what the insiders would call log files. They are usually sitting with adservers (DoubleClick, Atlas, etc) and in their databases. Yes, you heard me right. There are databases, humongous ones that collect and compile cookie-level information. And there are database experts, lots of them. We do not see them, because they are not agency people. They work for adservers and sit behind the shields of adserver’s account reps. So in the end we are very much like a database marketing operation, except that in our case database and marketing are siloed in two different organizations.”

from: “The Magic Window.” Chen Wang. Online Metrics Insider. Oct. 12, 2007.

Doubleclick: Self-Proclaimed "Nerve Center of Digital Marketing"

We believe Google is telling reporters and others that the FTC staff have said the merger is approved. Our information is that’s not true at all. If Google is engaging in such a PR campaign, it’s another indication that corporate lobbying goals–not honest debate–is more important to its leadership and culture. Of course, the commission prohibits such information being told to the merger-related parties and the public. Our sources tell us that the staff is only half-way through its review. And that’s before the EC begins what we hope will be an intense analysis of Google’s market position–including the data it will have unfettered access to, if a Doubleclick deal is approved.

But back to Doubleclick. Last Spring, it unveiled a new “brand” identity, declaring itself the “Nerve Center of Digital Marketing.” The company proclaimed that it was “the premier provider of digital advertising technology and services…serving the world’s leading buyers and sellers of digital media.” And just to remind the good folks over at the FTC. Here’s how the company describes itself: “The world’s top marketers, publishers and agencies utilize DoubleClick’s expertise in ad serving, rich media, video, search and affiliate marketing to help them make the most of the digital medium. From its position at the nerve center of digital marketing, DoubleClick provides superior insights and insider knowledge to its customers. Headquartered in New York, and with 17 offices and development hubs and 15 data centers worldwide, the company employs more than 1200 people and delivers billions of digital communications every day. Learn more at www.doubleclick.com.”

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