The document summarizes the findings of surveys conducted by experts Franklyn and Hyman regarding Google's proposed Second Commitments to address European Commission concerns about limiting choice in search results. The surveys found:
1) Google accounts for the vast majority (over 90%) of searches for products and hotels. 2) The three rival links proposed by Google received very few clicks (under 3% for products, under 4% for hotels) compared to clicks on Google Shopping/Hotels (over 30%). 3) On mobile searches, there were essentially no clicks on the rival links, with nearly all clicks going to Google Shopping/Hotels.
Full 2012 FTC report into suspected antitrust by Google (via WSJ)Tric Park
[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
Full 2012 FTC report into suspected antitrust by Google (via WSJ)Tric Park
[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
Google's Negotiations with the Chinese Government in 2010Ankur Saxena
This paper chronicles Google’s presence in China during 2005-2010, analyzes Google’s dispute with the Chinese government over China’s Internet censorship requirements in 2010 and discusses how a better outcome could have been achieved for Google.
Point of View on Cambridge Analytica Scandal Ogilvy
Last week the Cambridge Analytica data scandal sparked a widespread privacy debate and put Facebook in the eye of a PR storm. Automatically this raises questions from an advertisers perspective. ‘Should we gear up for an audience decrease and reshu e budget?’ Not really. No advertiser data has been a ected and this is mainly an issue on user level, so Facebook already implemented actions to solidify the privacy of its users which is a bene t for advertisers too.
Google in China presentation by pankajPankaj Joshi
I made this presentation during my MBA days. The purpose of making this presentation was to explain the issues arose when google announced its decision of leaving China. Due to censorship issues. This presentation compares the current situation of that time with future forecasting. Although things are changed right now but this presentation can help people to learn what happened then, and how things got favorable for other search engines and how google tackled the situation. This is based upon the secondary data available in journals, internet.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
Google's Negotiations with the Chinese Government in 2010Ankur Saxena
This paper chronicles Google’s presence in China during 2005-2010, analyzes Google’s dispute with the Chinese government over China’s Internet censorship requirements in 2010 and discusses how a better outcome could have been achieved for Google.
Point of View on Cambridge Analytica Scandal Ogilvy
Last week the Cambridge Analytica data scandal sparked a widespread privacy debate and put Facebook in the eye of a PR storm. Automatically this raises questions from an advertisers perspective. ‘Should we gear up for an audience decrease and reshu e budget?’ Not really. No advertiser data has been a ected and this is mainly an issue on user level, so Facebook already implemented actions to solidify the privacy of its users which is a bene t for advertisers too.
Google in China presentation by pankajPankaj Joshi
I made this presentation during my MBA days. The purpose of making this presentation was to explain the issues arose when google announced its decision of leaving China. Due to censorship issues. This presentation compares the current situation of that time with future forecasting. Although things are changed right now but this presentation can help people to learn what happened then, and how things got favorable for other search engines and how google tackled the situation. This is based upon the secondary data available in journals, internet.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
This presentation by Francesco Decarolis (Bocconi University) was made during the discussion “Trials and experiments in competition and regulation” held at the 75th meeting of the OECD Working Party No. 2 on Competition and Regulation on 12 June 2023.
This presentation was uploaded with the author’s consent.
BA (Honours) Business StudiesFinal Exam QuestionsTitle .docxwilcockiris
BA (Honours) Business StudiesFinal Exam Questions
Title: International Business Law I
Academic year: 2nd
Time allowed: 2h
Semester: 2
Date of Exam: 28 May 2020
Staff: Dr Alexandra von Westernhagen
Instructions: Closed book exam.
Material allowed:
Access to internet resources
Student Number :___________________________________________
Receipt of Submission
Date:
Student Number:
Signature of Student:
Exam Subject:
Invigilator:
Invigilator Signature:
50% Final written exam to assess the understanding and knowledge of the entire syllabus. This assessment addresses learning outcomes 4, 5, & 6.
I. EU business laws - General
1. What are the main difference between Directives and Regulations? (5%)
2. Business Laws EU: Name three different EU business laws (3%)
3. The internal market: Which are the four freedoms that belong to the internal market?(2%)
II. Competition Law in the Digital Era
Below is a summary of the Google Shopping case (CASE AT.39740) (see Annex)
https://ec.europa.eu/competition/antitrust/cases/dec_docs/39740/39740_14996_3.pdf
4. Please refer to paragraphs 693 to 705 (‘remedies’) and describe the suggested remedies in no more than 1 page (10%)
5. In your opinion, what are these remedies trying to achieve? (10%)
III. Public procurement
Please refer to the below Public Contracts Regulations and answer the following questions:
http://www.legislation.gov.uk/uksi/2015/102/contents/made
6. What are the four mostly used buying procedures? (5%)
7. What is the main difference between the restricted and open procedure? (5%)
IV. State aid law
8. You have a company for IT software solutions in Belgium. The Belgium government would like to help you with your expansion plans. It therefore agrees to give you a credit at the annual rate of 5%. You think that the interest rate is rather high and enquire with Fortis and other banks whether they would give a credit under better conditions. Fortis Bank offers you a credit for the same term but for an interest rate of 7%. You go back to the Belgian government and take them up on their offer.
Is this in principle state aid? Why? Why not? (5%)
9. You own a small hospital in a rural area of Germany. Your clinic provides general health care services to the local population. Records show that there a no patients from other EU countries and also that there a no plans to open another hospital nearby.
The local council decides to provide you with EUR1 million for the refurbishment of your hospital? Is this state aid? Please cite the conditions of aid and answer in particular, whether this affects trade between EU member states. (5%)
Annex
1. SUMMARY Google Shopping Case
(1) In essence, the Decision establishes that the more favourable positioning and display by Google Inc. (‘Google’), in its general search results pages, of its own comparison shopping service compared to competing comparison shopping services, infringes Article 102 TF.
Are Ads on Google search engine results pages labeled clearly enough?Dirk Lewandowski
In an online experiment using a representative sample of the German online population (n=1,000), we compare users’ selection behavior on two versions of the same Google search engine results page (SERP), one showing advertisements and organic results, the other showing organic results only. Selection behavior is analyzed in relation to users’ knowledge on Google’s business model, on SERP design, and on these users’ actual performance in marking advertisements on SERPs correctly. We find that users who were not able to mark ads correctly selected ads significantly more often. This leads to the conclusion that ads need to be labeled more clearly, and that there is a need for more information literacy in search engine users.
The search giant Google has gone back to its roots with the launch of a new technology – “Google Knowledge Graph”. The technology, launched on May 16, leverages the idea of a “semantic Web” focused entirely on user experience. Now when users input a search query on Google, relevant and related information about that query will be provided in a box to the right of the results page. These results will go above and beyond what has previously been provided on search results pages. While users will benefit from more relevant and accessible search results, marketers may see changes in their organic rankings and side-site metrics.
Greenlight's Consumer Electronics Sector Report, May 2013, Issue 1Greenlight Digital
A 360˚ analysis of the most important search terms, trends and benchmarking data in the consumer electronics sector. This report provides an exclusive snapshot of the online search market for your sector right now. From the size of your potential audience to the top performing companies, it’s all here.
Product focus: Computing, TV & Entertainment, Small Kitchen Appliances, Large Kitchen Appliances
Joint ad trade letter to ag becerra re ccpa 1.31.2019Greg Sterling
We strongly support the objectives of the California Consumer Privacy Act (CCPA), but we have notable concerns around the likely negative impact on California consumers and businesses from some of the specific language in the law. We provide this initial comment to provide you with information about the significant importance of a data-driven and ad-supported online ecosystem, industry efforts to protect privacy, and in section III of the letter draw your attention to several areas that can be addressed and improved through the rulemaking process. We will provide more detailed comments over the coming weeks.
a group of locksmiths has filed a new class action lawsuit against Google, Microsoft and Yahoo. They claim the search engines (Google in particular) are deliberately “flooding” organic results with “scam locksmith listings” known to be false.
In an extensive and lengthy argument, Amazon argues that interactions with the Alexa virtual assistant are free speech. That includes both the human speech commands and the AI/robot responses. Interestingly, Amazon cites Search King v. Google for the proposition that Alexa responses are like search results and entitled to the same editorial protections accorded Google under that ruling and related case law
European Court of Justice Press Release GS Media vs. SanomaGreg Sterling
[W]hen hyperlinks are posted for profit, it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published. Therefore, it must be presumed that that posting has been done with the full knowledge of the protected nature of the work and of the possible lack of the copyright holder’s consent to publication on the internet. In such circumstances, and in so far as that presumption is not rebutted, the act of posting a clickable link to a work illegally published on the internet constitutes a ‘communication to the public’.
How to Get CNIC Information System with Paksim Ga.pptxdanishmna97
Pakdata Cf is a groundbreaking system designed to streamline and facilitate access to CNIC information. This innovative platform leverages advanced technology to provide users with efficient and secure access to their CNIC details.
Generative AI Deep Dive: Advancing from Proof of Concept to ProductionAggregage
Join Maher Hanafi, VP of Engineering at Betterworks, in this new session where he'll share a practical framework to transform Gen AI prototypes into impactful products! He'll delve into the complexities of data collection and management, model selection and optimization, and ensuring security, scalability, and responsible use.
Unlocking Productivity: Leveraging the Potential of Copilot in Microsoft 365, a presentation by Christoforos Vlachos, Senior Solutions Manager – Modern Workplace, Uni Systems
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
Communications Mining Series - Zero to Hero - Session 1DianaGray10
This session provides introduction to UiPath Communication Mining, importance and platform overview. You will acquire a good understand of the phases in Communication Mining as we go over the platform with you. Topics covered:
• Communication Mining Overview
• Why is it important?
• How can it help today’s business and the benefits
• Phases in Communication Mining
• Demo on Platform overview
• Q/A
Threats to mobile devices are more prevalent and increasing in scope and complexity. Users of mobile devices desire to take full advantage of the features
available on those devices, but many of the features provide convenience and capability but sacrifice security. This best practices guide outlines steps the users can take to better protect personal devices and information.
In his public lecture, Christian Timmerer provides insights into the fascinating history of video streaming, starting from its humble beginnings before YouTube to the groundbreaking technologies that now dominate platforms like Netflix and ORF ON. Timmerer also presents provocative contributions of his own that have significantly influenced the industry. He concludes by looking at future challenges and invites the audience to join in a discussion.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using Deplo...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
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All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
In the rapidly evolving landscape of technologies, XML continues to play a vital role in structuring, storing, and transporting data across diverse systems. The recent advancements in artificial intelligence (AI) present new methodologies for enhancing XML development workflows, introducing efficiency, automation, and intelligent capabilities. This presentation will outline the scope and perspective of utilizing AI in XML development. The potential benefits and the possible pitfalls will be highlighted, providing a balanced view of the subject.
We will explore the capabilities of AI in understanding XML markup languages and autonomously creating structured XML content. Additionally, we will examine the capacity of AI to enrich plain text with appropriate XML markup. Practical examples and methodological guidelines will be provided to elucidate how AI can be effectively prompted to interpret and generate accurate XML markup.
Further emphasis will be placed on the role of AI in developing XSLT, or schemas such as XSD and Schematron. We will address the techniques and strategies adopted to create prompts for generating code, explaining code, or refactoring the code, and the results achieved.
The discussion will extend to how AI can be used to transform XML content. In particular, the focus will be on the use of AI XPath extension functions in XSLT, Schematron, Schematron Quick Fixes, or for XML content refactoring.
The presentation aims to deliver a comprehensive overview of AI usage in XML development, providing attendees with the necessary knowledge to make informed decisions. Whether you’re at the early stages of adopting AI or considering integrating it in advanced XML development, this presentation will cover all levels of expertise.
By highlighting the potential advantages and challenges of integrating AI with XML development tools and languages, the presentation seeks to inspire thoughtful conversation around the future of XML development. We’ll not only delve into the technical aspects of AI-powered XML development but also discuss practical implications and possible future directions.
Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...
Google antitrust-matter-expert-report-of-profs-franklyn-and-hyman-2013 12-09-dh-clean
1. Review of the likely effects of Google’s proposed Commitments dated October 21, 2013
(“Second Commitments”)
December 9, 2013
Professors David J. Franklyn ("Franklyn") and David A. Hyman ("Hyman")1
1. Introduction
In May, 2012, the European Commission published its preliminary conclusion that Google limits
choice in Internet search by (among other things) giving Google’s vertical search services
(including Google Shopping and Google Hotels) more prominent page placement and links than
it gives to its rivals in these areas. On April 25, 2013, in its first set of proposed voluntary
commitments (hereinafter Google’s “First Commitments”), Google proposed to resolve these
concerns by providing more prominent placement for selected competitors’ websites (“three rival
links,”) and by adding a label and disclosure that would indicate which services are and are not
provided by Google.2 The stated purpose of these proposals is to give consumers an effective
choice among vertical search services offered by Google and its rivals.
We submitted an expert report in this matter on July 1, 2013, in which we analyzed the impact of
the First Commitments. Based on market studies that we conducted in the U.K., we found that
the First Commitments, if enacted, would not address the Commission’s stated concerns and
materially restore competition in the vertical search markets at issue. The European Commission
did not accept the First Commitments.
On October 21, 2013, Google submitted a second set of revised commitments (hereinafter
Google’s “Second Commitments”) to the European Commission. On October 28, 2013,
Google’s Second Commitments were released to various parties, including FairSearch Europe,
for comment. The modifications include, but are not limited to, certain enlargements of the three
rival links box, changes in the display of the three rival links for mobile devices, and changes to
the language of the proposed disclosure pop-up box that is supposed to enable consumers to
clearly distinguish between paid and unpaid links, and between Google’s specialized (vertical)
search results (including Google Shopping and Google Hotels) and Google’s generic (unpaid)
search results.
We were retained by Clifford Chance, advisors to FairSearch Europe (hereinafter “Fairsearch”),
to conduct market tests on the proposed changes, and to render opinions as to the likely impact of
Google's Second Commitments proposals on Internet users/shoppers. Specifically, we were
1
Experts’ background and qualifications are detailed in an Appendix. A copy of Franklyn's Curriculum
Vitae is attached as Exhibit A. A copy of Hyman’s Curriculum Vitae is attached as Exhibit B. Franklyn and
Hyman have written two law review articles about consumer perceptions and the Internet, including an article
published in Spring, 2013 in the Harvard Journal of Law and Technology, and a forthcoming article on search bias
and search neutrality. Copies of these articles are attached as Exhibits C & D.
2
See April 25, 2013 Google Commitment Proposal.
2. asked to test the visibility and consumer understanding of Google's Second Commitments
proposals.
We designed and conducted three online surveys in the United Kingdom that measured the
likelihood that consumers would click on any of Google’s Second Commitments three rival
links. We tested the likelihood of consumer click through on images similar to those that would
appear on non-mobile and on mobile devices. If consumers do not click on the three rival links,
then Google’s proposed remedy would not be meaningfully visible to consumers or likely to
reflect the natural choices of consumers--and therefore would not be likely to restore competition
in these areas, and maximize consumer welfare.
The survey also measured whether respondents recognized and understood Google’s modified
label and disclosure. If consumers do not recognize and understand Google’s label and
disclosure, then they would be even less likely to exercise a meaningful choice between
Google’s vertical search services and the same services offered by Google’s competitors.
As explained more fully below, we found Google’s Second Commitments are not likely to
materially increase or restore consumer choice or competition in the vertical search markets at
issue. Google’s Second Commitments do not achieve the Commission’s stated objective of
materially increasing the visibility of rivals and the awareness of those rivals by consumers.
Specifically, we found that:
A. Google is the first stop for the overwhelming majority of users that employ a search
engine to locate products and hotels.
B. The “three rival links” gather only a modest number of consumer clicks, both in absolute
terms and relative to clicks on Google Shopping and Google Hotels.
C. Incremental increases in consumer attention that may accrue under the Second
Commitments are unstable and easily destroyed by changes to Google’s search results
page.
D. Presenting rival links in a competitively neutral fashion is a relatively straightforward
matter. Parity of rival link presentation improves consumer welfare.
E. Consumer confusion persists as to the difference between Google’s vertical search results
and other search results. Instead of reducing consumer confusion about search results,
Google’s proposed disclosure/explanation materially increases confusion.
II. Survey Methodology
Between November 12 and November 20, 2013, we completed three on-line surveys of a total of
approximately 3,500 respondents residing in the United Kingdom.3 More specifically, using a
series of simulated searches, the surveys examined:
3
The survey was administered by Survey Sampling International (SSI) to a demographically representative
sample of Google users in the United Kingdom. We excluded from the analysis surveys that were not completed
from an IP address in the UK.
2
3. •
•
•
Whether the Second Commitments resulted in a material number of clicks on any
of the proposed rival links;
The effect of other modification to search page layout and labeling on click
patterns;
The effectiveness of the disclosure accompanying the rival links in
communicating basic information.
To examine these issues, we designed a series of multi-part interactive Internet surveys. The
surveys are attached as Addendum A. The results presented in this report are based on
respondents who completed the entire survey (with no missing results), and took more than 5
minutes to do so. We were left with a total sample of approximately 2,500 completed, useable
respondents, fairly evenly divided across all three surveys.4 For the combined results, the
margin of error on the figures we report is +2% for a 95% confidence interval. For any given
survey, the margin of error is roughly +3.5% for a 95% confidence interval.
Each survey began with two questions designed to measure participants’ general online search
behavior. In Survey 1, we then asked respondents to run two sets of searches – one for an Apple
iPod and the other for a Nikon camera. In Survey 2, we asked respondents to run two sets of
searches – one for an Apple iPod and the other for a Razer headset. In Survey 3, we asked
respondents to search for a hotel in Madrid.
We chose these three searches in order to test three hypothetical sample product searches (here
iPod, Nikon camera, and Razer), and one hypothetical locational search (here a search for a hotel
in Madrid). Respondents were asked to click on the link they would have selected if they were
trying to buy an iPod, Nikon camera, or Razer headset, or trying to find a hotel in Madrid. For
each survey, respondents first viewed a “native” page of search results (i.e., the search results
that would have appeared if an actual Google search had been run without the proposed
Commitments being implemented) followed by a series of modified search results, reflecting
Google’s proposed Commitments, and several variations we developed.
In order to advance through the survey, respondents had to repeatedly run the search query, and
then click through on whatever link they selected. Respondents were not allowed to go back to
an earlier question after progressing past it. Because respondents had to click on something to
advance, our results represent an upper-bound on clicks that would occur in a real-world search
environment, where users can simply close the page without clicking on anything.
After viewing the Google native page for each of these searches, respondents saw search results
pages incorporating the three rival links specified in the Second Commitments. For the three
rival links for the products search, we chose well-known companies that would qualify for
inclusion under the terms of Google’s Second Commitments; namely, Kelkoo, Pricerunner and
Bizrate. These are the same three rival links we used in our July, 2013 market test of Google’s
First Commitments.
4
See Addendum B, Table 1. We separately analyzed the results for the excluded surveys, and found
virtually identical results. Thus, our exclusion criteria do not affect our findings.
3
4. To validate our findings, we also tested the mobile version of rival links specified in the Second
Commitments, along with multiple variations in which we modified the page layout and labeling
of the search results page.5 Respondents were presented with these variations after re-running
various Google searches. Respondents were asked to click on the site where they were most
likely to find what they were looking for, i.e., an iPod, Nikon camera, Razer headset or a hotel in
Madrid.
After completing these tasks, we showed respondents a series of screen shots of actual search
results and asked them a variety of questions to determine whether they could tell the difference
between the results in various regions of a typical search results page – that is, if they could
correctly differentiate between paid and unpaid regions of the page and also identify how certain
type of results were generated. We also asked respondents to view Google’s proposed
disclosure/explanation regarding its specialized vertical search results and asked respondents a
series of questions to test their understanding of the proposed disclosure/explanation. We
concluded with a series of questions about the demographics of those completing the survey.
III. Findings
A. Google is the first stop for the overwhelming majority of users that employ a search
engine to locate products and hotels
We asked respondents how they would go about locating a specific product (iPod) or a hotel in a
city they didn’t know. Of those who responded that they used a search engine to perform these
tasks, Google accounted for 95% of respondents searching for an iPod, and 94% of those
searching for a hotel in a city they didn’t know. We obtained comparable results when we asked
a similar question previously (compare Tables 2A and 2B in our initial report).
B. The three rival links in the Second Commitments gather only a modest number of
consumer clicks, both in absolute terms, and relative to clicks on Google Shopping
and Google Hotels.
We tested the three rival links proposed in the Second Commitments.6 Table 1A presents the
results for Products, and Table 1B presents the results for Hotels.
As Table 1A shows, in a product search, the three rival links garnered 0.9%-2.9% of total clicks,
compared to 36.7% of total clicks on Google Shopping.7
5
Our goal in testing these variations was to provide a baseline for assessing the impact of layout and
labeling on consumer search behavior. Because our primary task in this engagement was to test the proposals in the
Second Commitments, we focus on them in this report. Copies of the images that are referenced in this report are
attached as Addendum C.
6
These variations are based on the images contained in Google’s Second Commitments.
7
By “Google Shopping” we are referring to all clicks in the specified region, and not simply the blue link at
the top of the region, “Shop for ipod on Google.”
The Second Commitments also authorize the shading of the region containing the rival links. We
4
5. Table 1A: Click Rates on Second Commitments Proposal – Non-mobile Product Searches
Type of Link
Rival Links
Pricerunner
Kelkoo
Bizrate
Google Shopping
All Vertical Search Options
All Other Link Types
Total
Pricerunner
Kelkoo
Share of All Vertical
Search Options
Bizrate
Google Shopping
2.9%
1.2%
0.9%
36.7%
41.8%
58.2%
100%
7.0%
3.0%
2.3%
87.7%
For ease of comparison, the bottom four rows in Table 1A (“Share of All Vertical Search
Options”) compute the percentage of clicks on each of the three rival links and Google Shopping
compared to the total clicks on all vertical search options on the search results page.8 This figure
is effectively the “market share” for each of the specified rival links and for Google Shopping if
we assume the Second Commitments are implemented. As these rows indicate, in a product
search, any given rival link secured 2.3%-7% of vertical search clicks, compared to 87.7% of
vertical search clicks for Google Shopping.
separately tested a shaded region, and found a modest increase in the absolute number of clicks on the three rival
links (from 5% to 7.7%), and a reduction in the number of clicks on Google Shopping (from 36.7% to 28.4%). In
combination, this meant that Google Shopping’s share of all vertical search options declined slightly, from 87.7% to
78.7%. Further testing will be necessary to determine whether this finding is robust.
8
We define clicks on all vertical search options as the sum of clicks on Google Shopping, Pricerunner,
Kelkoo and Bizrate.
5
6. Table 1B presents similar information for our hotel search.
Table 1B: Click Rates on Second Commitments Proposal – Non-mobile Hotel Searches
Type of Link
Expedia
3.8%
Rival Links
Priceline
0.9%
Trivago
2.3%
Google Hotels + Places
28.1%
All Vertical Search Options
35.1%
All Other Link Types
64.9%
Total
100%
Expedia
10.9%
2.5%
Share of All Vertical Search Priceline
Options
Trivago
6.7%
Google Hotels + Places
79.9%
Table 1B shows that in a hotel search, the three rival links garnered 0.9%-3.8% of total clicks,
compared to 28.1% of total clicks on Google’s vertical search options (Google Hotels + Google
Places.9 As in Table 1A, the bottom four rows in Table 1B compute the percentage of clicks on
each of the three rival links compared to the total clicks on all vertical search options on the
search results page.10 As these rows indicate, in a hotel search, any given rival link secured
2.5%-10.9% of vertical search clicks, compared to 79.9% of vertical search clicks on Google’s
vertical search options.11
Table 2A presents comparable results for mobile search images for Products, and Table 2B
presents the same information for Hotels. We tested two versions: the “Plain” version (which
has the text “Other Sites” in the lower right hand corner of the Shopping and Hotels boxes), and
a “Pop-up” version (which adds to the Plain version a large notification balloon that contains the
text “Tap here for additional product (or hotel) search services,” along with a blue button that has
the word “OK” in it).12
9
By “Google Hotels,” we are referring to all clicks in the specified region, and not simply the blue link at
the top of the region, “Hotels in Madrid, Spain on Google.”
10
We define clicks on vertical search options as the sum of clicks on Google Hotels, Google Places, Expedia,
Priceline, and Trivago.
11
The Second Commitments also authorize the shading of the region containing the rival links. We
separately tested a shaded region, and found a modest increase in the absolute number of clicks on the three rival
links (from 7% to 9.3%), and a slight reduction in the number of clicks on Google Hotels & Places (from 28.1% to
27.6%). In combination, this meant that Google Hotels & Places share of all vertical search options declined
slightly, from 79.9% to 74.8%. Further testing will be necessary to determine whether this finding is robust.
12
These variations are based on the images contained in Google’s Second Commitments.
6
7. Table 2A: Click Rates on Second Commitments Proposal – Mobile Product Searches
Commitments Variation
Type of Link
“Other Sites” Link
Google Shopping
All Vertical Search Options
All Other Link Types
Total
Share of All Vertical “Other Sites” Links
Search Options
Google Shopping
Plain
Pop-up
0.3%
43.3%
43.6%
56.4%
100%
0.7%
99.3%
0.2%
33.8%
34%
66%
100%
0.6%
99.4%
Table 2B: Click Rates on Second Commitments Proposal – Mobile Hotel Searches
Commitments Variation
Plain
Pop-up
Type of Link
“Other Sites” Links
0.0%
0.1%
Google Hotels + Places
29.4%
29.5%
All Vertical Search Options (Including Places)
29.4%
29.6%
All Other Link Types (Excluding Places)
70.6%
70.4%
Total
100%
100%
0.0%
0.4%
Share of All Vertical “Other Sites” Links
Search Options
Google Hotels + Places 100.0%
99.6%
As Tables 2A and 2B reflect, when we test the Mobile version of the Second Commitments,
there are effectively no clicks on the “Other Sites” links in any of the variations. For ease of
comparison, the bottom two rows in Tables 2A & 2B (“Share of All Vertical Search Options”)
compute the percentage of clicks on the “Other Sites” links and Google’s vertical search options
compared to the total clicks on all vertical search options on the search results page.13 As this
row indicates, in the Mobile setting, “Other Sites” links account for 0.6%-0.7% of clicks for
products (Table 2A), and 0.0%-0.3% of clicks for hotels (Table 2B). (We treat the actual pop-up
notification balloon as an “Other Link Type) in both Tables 2A and 2B, since it only appears
once, and is not, in fact, a vertical search link/option.
One further complication: in mobile applications, a user must first click on the “Other sites” link,
and then select a particular rival link on which to click. We test only respondents’ initial click
through, so our results reflect the maximum percentage of clicks on all rival links combined –
and that only if we (implausibly) assume that no users click back or simply close the search
results page.
Tables 1A & 1B demonstrate that the percentage of non-mobile clicks on rival links is only
13
We define clicks on all vertical search options on product search results pages as the sum of clicks on
Google Shopping, Pricerunner, Kelkoo and Bizrate. We define clicks on vertical search options on hotel search
results pages as the sum of clicks on Google Hotels, Google Places, Expedia, Priceline, and Trivago.
7
8. modestly higher than in our market test of Google’s First Commitments (there, it was never more
than 2%). However, click through rates for rival links in the Second Commitments continue to
lag far behind click through rates for Google’s own vertical search results. And, in the mobile
context (Tables 2A & 2B), none of the versions we tested attracted more than a trivial number of
clicks, even when the pop-up notification balloon was present, thereby calling attention to the
“Other sites” link.14
C. Incremental increases in consumer attention that may accrue from the proposed
rival links are unstable and easily destroyed by changes to Google’s search results
page.
We found that any incremental increases in consumer attention that might arise as a result of
enhanced presentation of rival links in the Second Commitments is subject to dissipation if
Google were to introduce new search features, specifically a search feature that it has already
introduced elsewhere (e.g., in the United States). This search feature is allowable under the
Second Commitments.
Specifically, we presented respondents with a page of search results that contained the following
banner-strip at the top of the page of search results that included the three rival links as proposed
in the Commitments:
14
In our test of Google’s First Commitments, we tested the proposed text for mobile uses, but we used a fullsize screen image. In our test of Google’s Second Commitments for mobile uses, we used an image that looked like
a mobile screen. We found comparable click through rates in the earlier report (0.1%-0.8%) versus our findings in
this report (0.0%-0.3% for the plain images for Product and Hotel searches). The first report did not contain a popup image, so direct comparison of the percentage of clicks on the “Other sites” link for that image is not possible.
8
9. Once we added this banner-strip (which we treated as part of the Google Shopping/Hotels
region), click-through rates on shaded rival links on Products searches dropped from 5.1% to
3.4% for products, and from 7% to 4.9% for hotels. Click through rates on the Google Shopping
and Google Hotels + Places regions also increased dramatically. In combination, this meant the
share of clicks on rival links dropped from 12.3% to 6.5% for products, and from 20.1% to
10.4% for hotels. Thus, in both relative and absolute terms, the introduction of the banner-strip
largely negated the additional click-through effect of the Second Commitments (as compared to
the First Commitments). In unreported results, we were able to reduce the absolute and relative
share of clicks on the rival links further still, by adding a floating pop-up that said “Search on
Google Shopping” (or “Search on Google Travel”) to the search results page with the bannerstrip. The floating pop-up is also allowable under the Second Commitments.
D. Presenting rival links in a competitively neutral fashion is a relatively
straightforward matter. Parity of Rival Link Presentation Improves Consumer
Welfare
We also tested two variations that we created, to determine how difficult it would be to present
search results in a way that would substantially increase consumer attention and click-throughs
on rival sites.
In one alternative, we presented respondents with a page of search results that eliminated the
Google Shopping or Google Hotels boxes (along with the proposed Commitments three rival
9
10. links box) – and replaced those boxes with a single shaded box. The box was headed “Compare
prices on,” and had icons for four vertical search offerings. The new box contained only icons
and names of the vertical search offerings, and some abbreviated text describing the products
that were available. Thus, the four vertical search offerings were placed on an even playing field
(including equal visual footing) with one another. The image below shows an example of the
box from the Razer product search, but we tested this approach in all three surveys.
We presented respondents with two versions of this box: one in which Google appeared in the
box as the left-most icon/vertical search offering, and one in which Google appeared in the box
as the right-most icon/vertical search offering. This allows us to more effectively isolate the
extent to which observed click through patterns are attributable to various factors (including
search results page architecture, visually rich appearance of Google Shopping and Google
Hotels, and the strength of the individual brands).
Using this approach with a product search, we found that respondents clicked on the
individual rival links 3.1% to 9.2% of the time, and clicked on Google Shopping 10.6% of the
time when it was the left-most icon/vertical search offering, and 4.3% of the time when it was
the right-most icon/vertical search offering.15 With a hotel search, we found that respondents
clicked on the individual rival links 1.0% to 8.4% of the time, and clicked on Google Icon 6.4%
of the time when it was the left-most icon/vertical search offering, and 3.2% of the time when it
was the right-most icon/vertical search offering.16 Thus, when we create parity of appearance
and placement, we obtain substantially higher click through rates in both relative and absolute
terms for the rival links, reflecting the greater visibility of the rival links compared to the status
quo.17 And, click through rates on Google Shopping and Google Hotels drop dramatically,
indicating that position on the page and visually rich appearance is an important component in
15
If we look at click-through rates for each of the listed icons, we find Pricerunner received 9.2% of clicks when it
was the left-most image, and 6.1% when it was the 2nd image from the left. Kelkoo received 3.1% of clicks when it
was 2nd image from the left, and 3.7% when it was the 2nd image from the right. Bizrate received 4.7% of clicks
when it was the 3rd image from the left, and 3.5% when it was the right-most image.
16
If we look at click-through rates for each of the listed icons, we find Expedia received 8.4% of clicks when it was
the left-most image, and 5.7% when it was the 2nd image from the left. Priceline received 2.7% of clicks when it
was 2nd image from the left, and 1.2% when it was the 2nd image from the right. Trivago received 2.0% of clicks
when it was the 3rd image from the left, and 1.0% when it was the right-most image.
17
Viewed collectively, the three rival links/icons secured roughly 32% of clicks on vertical search options when
Google was the left-most icon, and 53% of clicks on vertical search options when was Google was the right-most
icon. The results were virtually identical for product searches and hotel searches. These “market share” figures are
substantially greater than those we observe when we test Google’s Second Commitments. Compare Tables 1A &
1B.
10
11. the dominance of Google Shopping and Google Hotels. Finally, the fact that click through rates
on Google Shopping and Google Hotels drop dramatically when it is in the right-most position
(compared to the left-most position) further confirm that position on the search results page, (i.e.,
the architecture of the search results page, which gives Google’s vertical search offerings greater
visibility and presence than competitors) rather than simply the strength of the brands of the
competing vertical search providers, is responsible for an appreciable proportion of observed
behavior.
We found a similar effect when we tested respondents’ responses to an alternative variation,
where we split the Google Shopping box into two equal-sized and equal-looking boxes. One box
was labeled Google Shopping Results and the other box was labeled “Compare results on
Kelkoo.” Both boxes contained the word “Sponsored,” and included two images of the products
in question, along with some text. This alternative variation is illustrated below:
We tested this variation with Google Shopping on the right and on the left. We found that parity
of presentation resulted in an increase in clicks on Kelkoo when it occupied the left-side box
(increasing to 12.2%), compared to the right-side box (6.9%). Clicks on Google Shopping were
23.2% when it occupied the left-side box, and 16.3% when it occupied the right-side box. Thus,
both Kelkoo and Google experienced significant increases in clicks when they were on the left
side than when they were on the right side -- even though everything else remained the same.
These findings show that click through rates on Google’s specialized search results are driven in
part by the prominent position on the search results page and the more visually attractive (larger
and photo-inclusive) presentation of Google’s own specialized search results.18
We find the highest degree of rival link visibility and resulting consumer attention--and rough
parity in click through rates --when rival links are displayed in a manner that is comparable to
the manner in which Google’s own specialized search results are displayed. The First and
Second Commitments do not achieve this objective. Our findings provide some insight into the
factors that affect click through rates on vertical search offerings.
18
Unsurprisingly, we also observe a brand effect. Google has higher absolute clicks than Kelkoo, irrespective of
position. But, the more significant issue is that visibility makes a difference, even after we control for brand effects.
Google is as strong a brand when it is on the left side as when it is on the right side. But, Google’s share of
combined clicks on vertical search options is 77% when it is on the left side, and only 57% when it is on the right
side.
11
12. E. Consumer confusion persists as to the difference between Google’s specialized
search results and other search results – and the disclosure actually increases
confusion
The Second Commitments provide that searchers who roll-over an icon that currently appears
next to the word “Sponsored” at the top right of Google’s vertical will see a pop-up disclosure
statement. The statement is intended to clarify the origin and type of search results they are
seeing.19 In unreported results, we asked respondents whether they had ever clicked on the icon
that appeared next to the word “Sponsored” to see what would pop-up. Only 12%-17% of
respondents responded that they had ever done so.
We also presented all respondents with the pop-up disclosure statement, and asked whether the
statement improved their understanding of why content appeared on the search results page,
made them more confused, or had no effect. Table 3 presents the results.
Table 3: Impact of Google's Proposed Pop-up Disclosure on Understanding of Why
Content Appears
Type of Search
Product
Hotel
Improved understanding
27%
28%
More Confused
43%
44%
No Effect on understanding
30%
27%
Table 3 shows that of those who actually read the disclosure statement, only 27%-28% thought it
improved their understanding of why content appeared on the search results page.
We also showed respondents images that reflected the impact of the Second
Commitments on the search results page (similar to those we used to generate the results in Table
1). But, these search results pages had each section of the webpage labeled, as “Region A,”
“Region B,” and so on. We then tested whether respondents were able to correctly explain the
reason why links appeared in particular regions, such as Google Shopping, the Rival Links Box,
and Algorithmic content. We provided seven possible explanations: unpaid algorithmic content;
links for which the listed companies pay to appear; price comparison service offered by Google;
price comparison service offered by independent third parties; a fanciful control (unpaid links
selected by Google’s Special Marketing Team); Other; and Don’t Know/Not Sure.20
19
The specific disclosure text reads as follows: “This link is inserted to show more results from Google’s
Shopping results. For shopping results from other relevant providers, click on the relevant links to other search sites
below or see Google’s other search results. Ads are based on your current search term. Visit Google’s Ads
Preferences Manager to learn more, block specific advertisers, or opt out of personalized ads.”
20
Because of the nature of the search results page, more than one explanation might be correct for some of
the regions/links. For example, a respondent could correctly answer that links in the Google Shopping region were
there because Google had been paid for the link to appear, or because it was a price comparison service offered by
Google. Similarly, for the rival links box, a respondent could correctly answer that links in that region were there
because Google had been paid for the link to appear, or because it was a price comparison service offered by
independent 3rd parties. For these regions, we treated both of the listed answers as correct.
12
13. We found little evidence that respondents effectively differentiated paid from unpaid
content, or understood that Google Shopping was offering vertical search results. Only 51% of
respondents correctly responded that the content in Google Shopping represented either paid
content or a price comparison service offered by Google, with responses split evenly among
these two choices. This means that 48% of respondents did not understand why links appeared
in the Google Shopping box – with responses split among those who thought it was unpaid
algorithmic content (14%); those who picked our fanciful Google Special Marketing Team
control (18%); those who thought it was a price comparison service offered by independent 3rd
parties (6%); and those who didn't know, weren’t sure, or picked other (11%). We obtained
similarly mixed results when we asked respondents why algorithmic links appeared (only 41.5%
correctly responded that these links were selected by Google’s computer formula and were
unpaid), and why the rival links appeared (only 51% correctly responded that these links were
either paid content or a price comparison service offered by independent third parties).
Finally, we evaluated the impact of the disclosure statement on respondents’ understanding of
why links appeared in the Google Shopping region. We did this by asking them the same
question twice – once before and then again after they had reviewed the disclosure statement.
We find evidence that the disclosure statement actually reduced respondents’ understanding of
the issue. In the first set of surveys, the percentage of respondents answering that the links that
appeared in Google Shopping were the result of a price comparison service offered by Google
declined from 26.8% to 14.4%. The percentage of respondents who didn’t know or were unsure
increased from 10.1% to 17.2%, and the percentage that selected our fanciful control (i.e., links
selected by the Special Marketing Team) increased from 17.8% to 22.1%.
Stated differently, after being exposed to the disclosure statement, the percentage of respondents
selecting a correct answer declined from 51.5% to 40.5%. We obtain comparable results for the
Hotels survey; after being exposed to the disclosure statement, the percentage of respondents
selecting a correct answer declined from 50.4% to 41.8%.
Appendix B includes more detailed information on all of these results. Addendum D contains
information on respondent demographics, including self-reported knowledge of search page
layout and labeling.
Summary/Conclusions:
•
•
•
The proposed three rival links do not materially increase consumer awareness or the
visibility of the proposed links to large majorities of consumers.
Large majorities of consumers do not understand the origin of the rival links or their
relationship to Google's other links.
We found only slightly higher click-through rates for the Second Commitment proposals
than we found for the First Commitment proposals. We do not believe that the Second
Commitments are likely to command materially increased consumer attention or restore
competition for rivals that seek to compete with either Google Shopping or Google
13
14. •
•
•
•
•
•
Hotels and Places.
We found that the proposal rival link remedy is unstable. Modest changes to the
appearance of the search results page, such as the addition of a banner-strip similar to the
one currently being used in the U.S., eliminate the observed slight increases in visibility
and prominence (as measured by the click-through rates on rival links).
Google Shopping commands a high degree of consumer clicks and attention in part
because of its location on the search results page, and the visually-rich display (e.g.,
pictures and mini-boxes within a box). Google Hotels and Places benefit from similar
treatment. Confirming our earlier work, we find that page layout and design is more
important than search result labeling in determining visibility and click-through rates.
We find evidence that consumer preferences reflect both the strength of the underlying
brands, as well as the way in which those brands are presented on the search results page.
Absent parity of presentation, an appreciable number of consumers will be diverted from
their preferred destination, which will reduce consumer welfare. Conversely, consumer
welfare is enhanced when artificial impediments to consumer choice are removed and
rival sites are positioned in a manner that is visibly equivalent to the positioning and
layout of Google’s own specialized search results.
Modifications that do not materially affect page layout are unlikely to change preexisting
competitive dynamics in search. Modifications in page layout may or may not have an
impact, depending on their design attributes. Stated differently, we find the highest
degree of consumer attention and competition for clicks when rival links are displayed in
a manner that is comparable to the manner in which Google Shopping/Hotels results are
displayed.
We find high levels of consumer confusion as to the source and type of search results and
a low level of ability to correctly differentiate between paid and unpaid results, or
between Google’s vertical search and generic search results.
We find that the proposed Second Commitment disclosure statement does not effectively
communicate the necessary information (i.e., whether the region in question is paid v.
unpaid, and the location and significance of the “rival links.”) Indeed, the proposed
language confuses many respondents.
In summary, we find that the proposals offered by Google in the Second Commitments are
unlikely to materially increase consumer attention, offer consumers meaningful choices or
restore competition (as measured by click rates) in this space. By testing various alternatives, we
identified several factors that are more likely to draw consumer attention to rival links, offer
consumers meaningful choices and thereby improve competition (again, as measured by click
rates) in this space. We also found that Google’s proposed label and disclosure – which is aimed
at improving consumers’ ability to differentiate Google search results from rivals’ search results
– are actually confusing or misleading to a substantial number of consumers.
Submitted this 9th day of December, 2013
14
16. Appendix
Franklyn is a tenured, full professor of law, specializing in trademark law, at the University of
San Francisco School of Law (“USF”). Franklyn is the Executive Director of the McCarthy
Institute for Intellectual Property and Technology Law at USF and Director of the Center for the
Empirical Study of Trademark Law (CEST). The McCarthy Institute, of which Franklyn is
Executive Director, conducts wide-ranging empirical research on consumer perception issues in
both the United States and Europe. Franklyn is also the Director of the Masters of Law Program
for U.S. and foreign lawyers in Intellectual Property Law at USF. Franklyn teaches and writes
primarily about trademark law and consumer perception issues. Franklyn is editor-in-chief and
co-author of McCarthy’s Desk Encyclopedia of Intellectual Property Law.
Franklyn works in collaboration with Professor McCarthy on a number of projects, including his
treatise on trademark law. Professor McCarthy is the author of a seven-volume treatise on
trademark law. It is the most-widely cited treatise on trademark law in the United States, having
been cited by courts in over 3,500 judicial opinions, including in a recent decision by the United
States Supreme Court in a case in which Franklyn was retained as an expert.
Franklyn has consulted and/or served as an expert witness on behalf of numerous clients in
numerous cases involving consumer perception issues, including in matters in the United States,
Asia, the European Union, the Middle East and South America. Franklyn has been retained as
an expert in several matters involving the issue of consumer perceptions. Franklyn was recently
was retained by the International Olympic Committee to provide trademark advice and advice
regarding the consumer impact of various logos regarding the 2016 Olympic Games. Franklyn is
a licensed attorney in Illinois and California. Franklyn has written several law review articles
about consumer perceptions on the Internet. Franklyn has also acted as a consultant to several
clients in matters related to trademark law, consumer perceptions and the Internet.
Hyman is the H. Ross and Helen Workman Chair in Law and Professor of Medicine at the
University of Illinois. He is tenured in both the College of Law and the College of Medicine.
He heads the Epstein Program in Health Law and Policy at the University of Illinois College of
Law. He teaches and writes about empirical law and economics, principally involving the
regulation of health care, and competition law and policy. He is the author of more than 100
articles in student edited law reviews, and peer-reviewed medical, health policy, and law
journals.
In competition law and policy, Professor Hyman served as Special Counsel to the Federal Trade
Commission from 2001-2004. In that capacity, Professor Hyman was principal author and
project leader for the first joint report ever issued by the Federal Trade Commission and
Department of Justice, “Improving Health Care: A Dose of Competition” (2004). He has also
published numerous other articles involving competition law and policy, including a series of
articles with Professor William Kovacic, the former Chairman of the United States Federal Trade
Commission.
Hyman has been deposed in various cases involving health care fraud and pharmaceutical
pricing, and has testified in one case involving pharmaceutical pricing.
16