Plaintiffs did offer proof of what they say are “real-world” hypothetical monopolist inquiries conducted by Google, as the company routinely measured the effects of price increases on advertiser demand. The court will discuss what Google calls “intentional pricing” as part of the proposed advertiser-side markets, infra Section VI.B.
- B. General Search Services is a Relevant Product Market.
The evidence at trial established that general search services is a relevant product market and alternative sources for query information, like SVPs and social media sites, are not adequate substitutes. The Brown Shoe practical indicia highlight the unique features of a GSE that make it distinct from other platforms. Of course, not every Brown Shoe factor is applicable because general search is a free product, so the court does not consider factors related to pricing. The court first addresses the relevant Brown Shoe factors and then responds to Google’s counterarguments.
- 1. Peculiar Characteristics and Uses
“The ‘product’s peculiar characteristics’ refers to the general truth that substitutes in the market often have a strong physical and functional relationship.” Rothery Storage, 79 F.2d at 218 n.4.
No user could confuse a GSE with an SVP or a social media site. Unlike those other products, GSEs are a gateway to the World Wide Web. FOF ¶ 27. The web itself is often (but not always) the source of the answer to a query. (GSEs also secure query responses from structured data, such as knowledge graphs, current travel information, sports score feeds, etc.). FOF ¶¶ 41–45. Search on a GSE therefore is not constrained by subject matter, inventory, or query type. FOF ¶ 33. Google’s own query classification system reflects this reality. It tracks queries in more than two dozen different subject matter areas. FOF ¶ 34. Moreover, 80% of Google’s queries are noncommercial in nature. FOF ¶ 37. Also, navigational queries—that is, queries entered for the
140
