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Antitrust and Trade Regulation

FTC

2012

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How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin Oct 2012

How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin

All Faculty Scholarship

The U.S. Federal Trade Commission is rumored to be deciding whether to bring a “pure Section 5” case against Google as a result of complaints that the company unfairly favors its own offerings over those of its rivals in its search results. But the case will fail miserably at the hands of a reviewing court and the agency will be confined to relatively non-controversial enforcement violations if the FTC fails to impose upon itself a tightly bounded and constrained legal framework that contains clear limiting principles. The only way a court will allow the FTC to pursue a pure Section …