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 Search Engines and Anti-Trust-Law

Obviously Google controlls a large share of the search market (about 40-50% in the USA, 70-80% in Germany). A web site not listed in Google is as good as no web site these days. Google has the power to influence the selection and immediacy of Internet purchases in all industries. Despite this apparent monolopy there has been very few discussion of anti-trust law and the search engine market. Shouldn't the big question be: Is Google obliged to include a website in its index? So far, I only know of three articles on this topic in Germany.  I'm currently working on an article on the subject and would welcome opinions from Links & Law readers. Especially, if you are not from Germany, I would be very interested in publications, I might not be aware of yet.

Google is under no obligation to include every web page on the Internet, including any web pages from Search King’s site. Nor is Google obligated to maintain in its index any web pages that it once decides to include. (http://research.yale.edu/lawmeme/files/Google_SearchKing_Response.pdf, for more information on the SearchKing v. Google lawsuit see: http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=807) We will see if this opinion is true under German antitrust law. I plan to publish the article in the first half of 2006 and a comprehensive overview of my findings will be posted on the Links & Law website.

 

 

 

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