Searching for harm or harming search? A look at the European Commission’s antitrust investigation against Google. CEPS Special Report No. 118/September 2015

As the European Commission’s antitrust investigation against Google approaches its final stages, its contours and likely outcome remain obscure and blurred by a plethora of nonantitrust-related arguments. At the same time, the initial focus on search neutrality as an antitrust principle seems to have been abandoned by the European Commission, in favour of a more standard allegation of ‘exclusionary abuse’, likely to generate anticompetitive foreclosure of Google’s rivals. This paper discusses search neutrality as an antitrust principle, and then comments on the current investigation based on publicly available information. The paper provides a critical assessment of the likely tests that will be used for the definition of the relevant product market, the criteria for the finding of dominance, the anticompetitive foreclosure test and the possible remedies that the European Commission might choose. Overall, and regardless of the outcome of the Google case, the paper argues that the current treatment of exclusionary abuses in Internet markets is in urgent need of a number of important clarifications, and has been in this condition for more than a decade. The hope is that the European Commission will resist the temptation to imbue the antitrust case with an emphasis and meaning that have nothing to do with antitrust (from industrial policy motives to privacy, copyright or media law arguments) and that, on the contrary, the Commission will devote its efforts to sharpening its understanding of dynamic competition in cyberspace, and the tools that should be applied in the analysis of these peculiar, fast-changing and often elusive settings.

Major and rare earth element concentrations of basalts beneath ODP Hole 118-735B (Table 3)

A wide-angle seismic experiment at the Atlantis II Fracture Zone, Southwest Indian Ridge, together with geochemical analyses of dredged basalt glass samples from a site conjugate to Ocean Drilling Program hole 735B has allowed determination of the thickness and the most likely lithological composition of the crust beneath hole 735B. The measured Na, composition of 3.3 +/- 0.1 corresponds to a melt thickness of 3 +/- 1 km, a result consistent with rare earth element inversions which indicate a melt thickness of between 1.5 and 4.5 km. The seismic crustal thickness to the north and south of the Atlantis Platform (on which hole 735B is located) is 4 +/- 1 km, and probably consists largely of magmatic material since the seismic and inferred melt thicknesses agree within experimental uncertainty. Beneath hole 735B itself. the Moho is at a depth of 5 +/- 1 km beneath the seafloor. The seismic model suggests that, on average. about 1 km of upper crust has been unroofed on the Atlantis Platform. However, allowing for the inferred local unroofing of 2 km of upper crust at 735B, the base of the magmatic crust beneath this location is probably about 2 km beneath the seafloor, and is underlain by a 2-3 km thick layer of serpentinised mantle peridotite. The P-wave velocity of 6.9 km/s for the serpentinised peridotite layer corresponds to a 35 +/- 10 vol% serpentine content. The Moho beneath hole 735B probably represents a serpentinisation front.