Google settles FTC’s patent, search probe

Federal Trade Commission Chairman Jon Leibowitz speaks Thursday during a news conference in Washington to announce the conclusion of an antitrust investigation of Google Inc.
Federal Trade Commission Chairman Jon Leibowitz speaks Thursday during a news conference in Washington to announce the conclusion of an antitrust investigation of Google Inc.

— Google is pledging to license hundreds of key patents to mobile computing rivals under more reasonable terms and to curb the use of snippets from other websites in Internet search results in a settlement that ends a highprofile antitrust investigation.

In a victory for Google, the Federal Trade Commission unanimously concluded that there isn’t enough evidence to support complaints that Google unfairly favors its own services in search results.

Thursday’s announcement caps a 19-month investigation by the commission over Google Inc.’s business practices.

The outcome “is good for consumers, it is good for competition, it is good for innovation and it is the right thing to do,” Federal Trade Commission Chairman Jon Leibowitz said.

Google is still trying to settle a similar antitrust investigation in Europe. A resolution to that case is expected to come within the next few weeks.

The U.S. government’s wide-ranging investigation ended with Google agreeing to charge “fair and reasonable” prices to license hundreds of patents deemed to be essential for mobile devices. Google makes the Android operating system that runs many phones, and the agreement ensures the key technologies can be used in Apple Inc.’s iPhone, Research in Motion Ltd.’s BlackBerry and smart phones running on a Microsoft Corp.’s Windows software. Those patents came as part of Google’s $12.4 billion acquisition of device maker Motorola Mobility Holdings last May.

To placate regulators, Google also promised that upon request, it will exclude snippets copied from other websites in its summaries of key information, even though the company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Despite the fair-use defense, Google already had scaled back on the amount of cribbing, or “scraping,” of online content after business review site Yelp Inc. lodged one of the complaints that triggered the trade commission’s investigation.

Under the resolution, Google’s rivals will now be able to request that their excerpts are left out of Google’s search results without having to fear that links to their sites will be penalized in Google’s search rankings.

In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.

The investigation focused on allegations that Google has been abusing its dominance in Internet search.

Microsoft Corp. and other Google rivals say the search company has been highlighting its own services on its results page while burying the links to competing sites. Google has defended its right to recommend the websites that it believes are the most relevant. While the trade commission said it uncovered some obvious instances of bias in Google’s results during the investigation, the agency’s five commissioners unanimously concluded there wasn’t enough evidence to take legal action.

“Undoubtedly, Google took aggressive actions to gain advantage over rival search providers,” said Beth Wilkinson, a lawyer that the trade commission hired to help steer the investigation. “However, the FTC’s mission is to protect competition, and not individual competitors.”

The trade commission’s findings vindicated Google, which has depicted its methods as a more convenient way to capsulize key information so users can get the information they desire more quickly and concisely.

“The conclusion is clear: Google’s services are good for users and good for competition,” David Drummond, Google’s top lawyer, wrote in a Thursday blog post.

Information for this article was contributed by Barbara Ortutay of The Associated Press.

Business, Pages 23 on 01/04/2013

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