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[the] effect ofGoogle's conduct is to diminish the incentives of vertical websites to invest in, and to develop, new and innovative content. In the alternative, Googlc's conduct may be condemned as a stand-alone violation of Section 5. Google has presented no efficiency justifi cation for its conduct. Third, Staff has investigated whether Google has employed ru1ticompetifve contractual restrictions on the a· utomated cross-management of advertising camp,l aigns. . Google's main rival (Microsoft) has alleged that Googlc is denying Microsoft c ·tical scale by employing these restrictions, and thus impairing Microsoft's ability to compe e effectively in the markets for general search and search advertising. We conclude that thes restrictions should be condemned under Section 2 because they limit the ability of advertisers to make use of their own data, and as such, have reduced innovation and increased transaction costs among advertisers and third-party businesses, and also degraded the quality ofGoogle's rivals in search and search advertising. Google 's proffered efficiency justification for these restrictions appears to be pretextual. Fourth, Staff has investigated whether Google has entered into anticomprtive, exclusionary agreements with websites for syndicated search and search advcrtisrng services. We conclude that Google's agreements should be condemned under Section 2 because they foreclose some p01tion of the market, and, although the agreements result in only modest anticompetitive effects on publishers, the impact of the agreements in denying scale to competitors is both competitively significant to its main rival (Microsoft) today, as well as a significant barrier to entry for potential entrants in the longer term. While Googe presents efficiency justifications for these agreements, on balance, Staff finds them to be nonpersuasive

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