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Case 1:20-cv-03010-APM
Document 1033
Filed 08/05/24
Page 25 of 286

Pinterest, Spotify, and more. DX1305 at .004, 018–.028; accord Tr. at 6212:23–6215:10 (Barrett-Bowen) (agreeing that Microsoft partners with over 70 providers of travel and local information, including the biggest players in the space).

48. In some limited instances, providers have expressed discomfort with new or continued partnerships with Bing due to its smaller scale. Tr. at 6187:20-24 (Barrett-Bowen). For example,  , an online travel company, refused to share its information with Bing given its limited distribution. Id. at 6188:5-10 (Barrett-Bowen). Bing, however, has data agreements with other travel providers, including major airlines and platforms like Booking.com, Expedia, and TripAdvisor. Id. at 6212:25–6213:11, 6214:1-2 (Barrett-Bowen); see id. at 2678:5-9 (Parakhin); DX1305 at .018–.028. On another occasion,  , a provider of   information, asked for a financial commitment from Bing, as the amount of traffic provided through the existing Bing-  data-for-traffic agreement was insufficient. See generally Tr. at 6198–6204 (Barrett-Bowen). Bing did not agree to   terms, in part due to Bing’s budgetary constraints, and that partnership ceased. Id. at 6204:13-17 (Barrett-Bowen).

49. As a third example, Bing displays   information from a single partner—  The “sole reason” for this is Bing’s small scale. Id. at 6190:4-12 (Barrett-Bowen). Since the   industry “is just not a big category” for Bing, it makes sense for Bing to partner with a single provider to obtain as much data as possible, rather than “fragment[] it amongst other partnerships[.]” Id. at 6190:14-23 (Barrett-Bowen).

E. The Expense of Developing and Maintaining a GSE

50. Constructing a GSE is an extremely capital- and human-resource intensive endeavor. See id. at 4765:17-20 (Whinston); id. at 3700:14-16 (Ramaswamy) (describing the

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