Jump to content

Page:United States v Google 20240805.pdf/147

From Wikisource
This page has been proofread, but needs to be validated.
Case 1:20-cv-03010-APM
Document 1033
Filed 08/05/24
Page 147 of 286

conducted an analysis of user search behavior, which showed that nearly 65% of user sessions involved searching in more than one vertical. FOF ¶ 34. Dr. Baker claimed that this analysis proved that general search offers “one-stop shop” convenience. Id. Google’s expert, Dr. Mark Israel, took a contrary position. He opined that “one-stop shopping” is at odds with how people actually search. Google’s sessions data showed that during a “visit” to Google—defined as any series of user activity separated by five minutes of inactivity—the median number of queries is one and that the median length of a visit is 20 seconds. That data, he said, is inconsistent with the notion of “one-stop shopping.” Tr. at 8418:1–8419:3 (Israel) (discussing DXD29 at 25).

The court does not find the “one-stop shop” analogy to be apt, but that is no obstacle to recognizing a general search services market. The notion of the “one-stop shop” was useful in a case like Sysco, where the ability of a purchaser to obtain all of its requirements in one place was more efficient and less costly than having to place orders with multiple specialty providers. See 113 F. Supp. 3d at 16 (“Customers value the breadth of product offerings and the opportunity to aggregate a substantial portion of their purchases with one distributor, allowing them to save costs.”). That is not exactly how search works. Users do not necessarily do all their querying at once. Users seek information on different subjects over time. By that thinking, Dr. Israel is right that search is not a “one-stop shop.”

But that framing is too narrow. Users always can, and do, return to a GSE to fulfill a broad array of informational needs. And they can do so at little or no cost. A user can search for a tennis racket on Google, then purchase the racket on Walmart.com, and then return to Google to find out the dates for the next U.S. Open with little to no friction (and certainly no actual expense). This may not be “one-stop shopping” in a traditional sense, but the GSE is performing a unique function: It is both a reservoir of information and a conduit to other sources on the web. And it

143