The following statement can be attributed to Chris Mohr, President, Software & Information Industry Association:
Today’s federal district court decision against Google, if upheld, sends a message that if you build a better mousetrap, the DOJ will beat a path to your door. The loadstar of U.S. antitrust law is the consumer welfare standard. But it is hard to see how Judge Mehta’s decision today in any way benefits consumers. Survey after survey show that consumers trust Google Search as a reliable resource to access information about the world. Consumers have many options from which to choose. As our own research has shown, consumers increasingly scour the internet through a variety of sources beyond traditional engines and the market for online search has never been more competitive. The court itself conceded both that Google had earned its users’ trust and that its continuing innovation was instrumental in drawing in new users. As the great jurist Learned Hand once wrote, “the successful competitor, having been urged to compete must not be turned upon when he wins.”
We are deeply concerned about the rationale behind this decision. Google has announced that it intends to appeal, and we are confident that this appeal will be successful.
