Friday, February 10, 2012

California Reps Urge DOJ To Leave GooHoo Alone

September 30, 2008

Rep. Anna Eshoo, D-Calif., and other members of the California delegation wrote to Attorney General Michael Mukasey last week regarding the Justice Department's consideration of a preemptive lawsuit to block Yahoo’s non-exclusive advertising agreement with Google. In the letter released Monday, the lawmakers state that "if such action were taken, we believe such an unprecedented suit could detrimentally affect the online advertising market and electronic commerce."

"To our knowledge, DOJ has never before taken preemptive action against a non-exclusive contractual agreement of this type," the letter goes on. "Similar agreements are commonplace in many industries and standard among Internet companies." Microsoft, one of the chief opponents of the Google-Yahoo deal, had a similar arrangement with Yahoo and Google has similar arrangements with tens of thousands of companies, they argued.

"We believe robust competition serves the public interest but if the DOJ blocks this agreement we fear that the threat of additional scrutiny may chill future agreements," the members stated. "The competitive and disruptive nature of the Internet makes it extraordinarily difficult for any company to dominate." The letter concludes by urging the department to "carefully assess the serious consequences" of a challenge to the arrangement and the precedent any action by the DOJ would set.

Assistant Attorney General for Antitrust Thomas Barnett told CongressDaily last week that "we're looking at the issues and we're trying to work through them as quickly as we can" but he would not indicate how much longer his staff needs to reach a resolution. Read more here.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.