Thursday, 30 July 2020

Big tech crushes Q2 earnings expectations

Today after the bell, Apple, Alphabet, Facebook and Amazon reported their earnings results. Each bested expectations, and all but one are up sharply in after-hours trading.

Coming on the heels of a day’s worth of congressional hearings in which the four companies highlighted competition and downplayed their market position, the results are loud. The group’s collected earnings beats are especially impressive given that they came during a quarter in which the economy contracted, meaning that their combined, relative share of the U.S. economy went up sharply during the period.

Let’s chat about each to collect high-level results, and check in on Apple’s stock-split news that is sure to keep Wall Street talking for days to come.

Apple

Image Credits: TechCrunch

Apple reported Q2 2020 revenue of $59.7 billion, up 11% from the year-ago period. This was ahead of expectations, with the street anticipating $52.25 billion, according to Yahoo Finance averages.

The hardware-and-software giant also reported earnings per share (GAAP, diluted) of $2.58, up 18% from the year-ago quarter. This also beat expectations, with investors expecting a slimmer $2.04, again, according to Yahoo Finance data.

And Cupertino announced that it will split its stock four for one, something that Apple said that will make its “stock more accessible to a broader base of investors.” In the age of fractional-share investing, the move feels somewhat meaningless. The Dow Jones Industrial Average, however, is price-weighted, and Apple is a component, so perhaps that has something to do with the choice.

Apple shares are up 4.7% in after-hours trading, after gaining more than a point during regular hours.

Alphabet

Image Credits: TechCrunch

Alphabet is a slightly more complicated story, with the company actually shrinking on a year-over-year basis, though still besting expectations.

The search giant reported $38.3 billion in revenue in Q2 2020, ahead of an expected result of $37.36 billion. As Alphabet reported $38.9 billion in the year-ago quarter, Alphabet was smaller this year than the last.

The company’s earnings per share also fell, from $14.21 in the year-ago quarter to $10.13 per share (GAAP, diluted). Again, however, that was ahead of an expected result of $8.34. Shares of Alphabet are roughly flat after its report.

Why is its stock down despite beating expectations? Because shrinking is not great, and perhaps because its “Other Bets” business collection posted negative operating income of $1.12 billion in the quarter, a worse result than it recorded in Q2 2019. That’s a big expense.

Amazon

Image Credits: TechCrunch

Amazon had a killer quarter, including revenue of $88.9 billion, up from $63.4 billion in the year-ago quarter, and ahead of an expected result of $81.53 billion.

The company also managed to earn $10.30 per share (GAAP, diluted), far ahead of an expected result of $1.46, per Yahoo Finance figures.

The only possible mark against Amazon was that AWS, the company’s cloud computing service, only grew 29% in the quarter. That was slower than the 33% it recorded during Q1 2020, and, as CNBC notes, was dramatically slower than what Microsoft’s competing Azure product managed when it reported recently.

Still, shares of Amazon are up around 4.9% in after-hours trading, after gaining 0.6% during regular trading.

Facebook

Image Credits: TechCrunch

Facebook’s quarter was a single, extended finger at those trying to nudge the social giant into shaking up its content policies. The company reported $18.7 billion in revenue, up 11% from its year-ago result of $16.9 billion. Investors had expected just $17.4 billion in top-line.

Unsurprisingly, off the back of that revenue beat, Facebook bested earnings per share expectations, reporting $1.80 in per-share profit, up nearly 100% from its year-ago result of $0.91 per share, and far ahead of an expected $1.39.

Facebook shares are up nearly 6.5% in after-hours trading, after gaining about half a point during regular trading.

Summary?

Hot damn, is tech doing better than the rest of the economy as millions are out of work, and Congress can’t figure out if supporting its own population during a global pandemic and economic crisis is, you know, a good idea. These results will do precisely nothing to dampen concern that Big Tech is too big.



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Google is making autofill on Chrome for mobile more secure

Google today announced a new autofill experience for Chrome on mobile that will use biometric authentication for credit card transactions, as well as an updated built-in password manager that will make signing in to a site a bit more straightforward.

Image Credits: Google

Chrome already uses the W3C WebAuthn standard for biometric authentication on Windows and Mac. With this update, this feature is now also coming to Android.

If you’ve ever bought something through the browser on your Android phone, you know that Chrome always asks you to enter the CVC code from your credit card to ensure that it’s really you — even if you have the credit card number stored on your phone. That was always a bit of a hassle, especially when your credit card wasn’t close to you.

Now, you can use your phone’s biometric authentication to buy those new sneakers with just your fingerprint — no CVC needed. Or you can opt out, too, since you’re not required to enroll in this new system.

As for the password manager, the update here is the new touch-to-fill feature that shows you your saved accounts for a given site through a standard Android dialog. That’s something you’re probably used to from your desktop-based password manager already, but it’s definitely a major new built-in convenience feature for Chrome — and the more people opt to use password managers, the safer the web will be. This new feature is coming to Chrome on Android in the next few weeks, but Google says that “is only the start.”

Image Credits: Google

 



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Microsoft’s new Family Safety app offers parental controls across phones, PCs and Xbox

Microsoft’s new screen time and parental controls app, Microsoft Family Safety, is today launching publicly on iOS and Android, following a preview of the experience which had arrived earlier this spring. The app is designed to help parents better understand children’s use of screen time, set limits and create screen time schedules, configure boundaries around web access and track family members’ location, among other things.

The app competes with other parental control technologies, including those built into iOS and Android — the latter of which is also available as a standalone app, called Family Link. Like its competitors, Microsoft Family Safety will work best for those who have already bought into the company’s own ecosystem of products and services. In Microsoft’s case, that includes Windows 10 PCs and Xbox devices, for example.

Also like many screen time apps, Family Safety displays an activity log of how screen time is being used by kids. It can track the hours spent on devices, including Windows computers, phones and Xbox, as well as across websites and apps. It can also show the terms kids are searching for online.

Image Credits: Microsoft

A weekly report is emailed to parents and kids, with the hopes of encouraging discussions around healthy use of screen time. This was already a complicated subject before the pandemic. But now, with kids attending school at home and filling summer downtime with hours in games while parents still try to work without childcare, it has grown to be even more complicated.

Initially, parents may have just given up on screen time altogether, grateful for anything that gave them moments of peace. But with staying at home becoming a new normal, many families are now reconsidering what amount of screen time is healthy and how much is too much.

With the new app, parents can set screen time limits that apply across devices — including Xbox. These limits can be narrowly configured to allow for access to educational apps that facilitate online learning, while limiting other types of screen time — like gaming, for instance. When kids run out of time, they can ask for more and parents can choose whether or not to grant it.

Meanwhile, the web filtering aspects of the new app take advantage of Microsoft’s newer browser, Microsoft Edge, across Windows, Xbox and Android. The app will allow parents to set search filters and block mature content. Other content controls will notify parents if the child tries to download a mature game or app from the Microsoft Store, as well.

Image Credits: Microsoft

Parents also can control purchases by granting approval to kids’ requests, so there won’t be surprise bills later.

Plus, the app’s built-in location sharing means families can skip downloading additional family locator apps, like Life360, for access to basic location-tracking features — like those that show family members on a map, and lets you save favorite locations, like “Home.”

Image Credits: Microsoft

Since its preview period, Microsoft has expanded the app’s capabilities to include a handful of new features, including one that lets you block and unblock specific apps, a location clustering feature and an expanded set of options for granting more screen time (e.g. 15 or 30 minutes, 1, 2 or 3 hours, etc.). Accessibility options were also updated and improved, including improved visual contrast for low-vision users and additional context for screen readers.

You’ll note, however, that some of Family Safety’s experiences don’t fully extend to iOS and Android, like purchase controls and web filtering. On iOS, the app can’t even track screen time usage, as Apple makes no API available for this, even after launching its own screen time service and shutting down competing apps.

That’s due to how other platforms have their own operating systems and ecosystems locked down to encourage customers to only buy and use their devices. Unfortunately, that means families that have devices from a variety of vendors — like iPhone users who also game on Xbox, or Android users whose computer is a Mac, for instance — don’t have simple tools that let them manage everything from one place.

Microsoft says it will soon roll out two new features to Family Safety following its launch. These include location alerts and driver safety (e.g. aimed at teen drivers), and will be a part of a paid Microsoft 365 Family Subscription.

The new Family Safety app is rolling out now for iOS and Android as a free download. You may not be able to immediately access the app due to its phased rollout, but should sometime this week.



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Telegram hits out at Apple’s app store ‘tax’ in latest EU antitrust complaint

Apple has another antitrust charge on its plate. Messaging app Telegram has joined Spotify in filing a formal complaint against the iOS App Store in Europe — adding its voice to a growing number of developers willing to publicly rail against what they decry as Apple’s app “tax”.

A spokesperson for Telegram confirmed the complaint to TechCrunch, pointing us to this public Telegram post where founder, Pavel Durov, sets out seven reasons why he thinks iPhone users should be concerned about the company’s behavior.

These range from the contention that Apple’s 30% fee on app developers leads to higher prices for iPhone users; to censorship concerns, given Apple controls what’s allowed (and not allowed) on its store; to criticism of delays to app updates that flow from Apple’s app review process; to the claim that the app store structure is inherently hostile to user privacy, given that Apple gets full visibility of which apps users are downloading and engaging with.

This week Durov also published a blog post in which he takes aim at a number of “myths” he says Apple uses to try to justify the 30% app fee — such as a claim that iOS faces plenty of competition for developers; or that developers can choose not to develop for iOS and instead only publish apps for Android.

“Try to imagine Telegram or TikTok as Android-only apps and you will quickly understand why avoiding Apple is impossible,” he writes. “You can’t just exclude iPhone users. As for the iPhone users, the costs for consumers to switch from an iPhone to an Android is so high that it qualifies as a monopolistic lock-in” — citing a study done by Yale University to bolster that claim.

“Now that anti-monopoly investigations against Apple have started in the EU and the US, I expect Apple to double down on spreading such myths,” Durov adds. “We shouldn’t sit idly and let Apple’s lobbyists and PR agents do their thing. At the end of the day, it is up to us – consumers and creators – to defend our rights and to stop monopolists from stealing our money. They may think they have tricked us into a deadlock, because we’ve already bought a critical mass of their devices and created a critical mass of apps for them. But we shouldn’t be giving them a free ride any longer.”

The European Commission declined to comment on Telegram’s complaint.

We also reached out to Apple for comment but the company also declined to provide an on the record statement regarding Telegram’s complaint. A spokesperson did point to a piece of analyst research, from earlier this year, which found iOS had a marketshare of 15% vs Android’s 85%. They also flagged a separate analyst report, which looks at commission rates charged by app and digital content stores and marketplaces — suggesting this shows that rates charged for similar types of stores are generally also around 30%.

So the company’s overarching argument against ‘app tax’ complaints continues to be the claim that: A) Apple can’t have monopoly power, given its relatively small mobile OS marketshare (vs Android); and B) the App Store fee is fair because it’s basically the same as everyone else charges. (On the latter point it’s true Google also takes a 30% cut via the Play Store. However the Android platform lets users sideload apps; whereas, on iOS, users would have to jailbreak their device to get the same level of freedom to freely install apps of their choice).

Apple’s arguments are also now being actively looked into by EU regulators. Last month the Competition Commission announced it’s investigating Apple’s iOS store (and Apple Pay) — saying a preliminary probe of the store had identified concerns related to conditions and restrictions applied by the tech giant.

Specifically vis-a-vis the App Store, the Commission said it’s looking at Apple’s mandatory requirement that developers use its proprietary in-app purchase system, and at restrictions it applies on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of the App Store.

The investigation by EU regulators is just the latest in a series of major big tech antitrust probes under the bloc’s current competition chief, Margrethe Vestager — who has also been digging into Amazon and Facebook business practices in recent years, as well as hitting Google with a series of record-breaking antitrust fines.

Over in the US, meanwhile, lawmakers are also actively grappling with competition concerns that have long been attached to a number of tech giants — and are being exacerbated by the pandemic concentrating platform power. Apple is one of the tech giants of concern, though not, seemingly, top of US lawmakers’ target list.

Yesterday, a hearing of the House Antitrust Subcommittee took testimony from four big tech CEOs: Amazon’s Jeff Bezos, Apple’s Tim Cook, Facebook’s Mark Zuckerberg and Google’s Sundar Pichai — with Pichai, Bezos and Zuckerberg getting the most questions from lawmakers.

Cook did face a number of questions around how the company operates the App Store, though — including about the commission it charges developers and a specific line of enquiry on why it had removed rival screen time apps. Asked whether Apple could ever raise its 30% take on app subscriptions Cook sought to sidestep the question, saying the fee had remained unchanged since the launch of the store.

He then followed up by arguing Apple faces huge competition for developers — citing alternatives platforms such as Windows and Xbox as also fiercely vying for developers, and likening the competition to attract developers as akin to “a street fight for market share”.

The contention from complainants like Spotify and Telegram is that Cook’s claim of Apple facing fierce competition for developers’ wares, from its position as the world’s second largest smartphone OS by marketshare, does not stand up to scrutiny. But it’ll be up to EU regulators to determine how to define the market for smartphone apps and, flowing from that, whether they identify harm or not.



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Telegram hits out at Apple’s app store ‘tax’ in latest EU antitrust complaint

Apple has another antitrust charge on its plate. Messaging app Telegram has joined Spotify in filing a formal complaint against the iOS App Store in Europe — adding its voice to a growing number of developers willing to publicly rail against what they decry as Apple’s app “tax”.

A spokesperson for Telegram confirmed the complaint to TechCrunch, pointing us to this public Telegram post where founder, Pavel Durov, sets out seven reasons why he thinks iPhone users should be concerned about the company’s behavior.

These range from the contention that Apple’s 30% fee on app developers leads to higher prices for iPhone users; to censorship concerns, given Apple controls what’s allowed (and not allowed) on its store; to criticism of delays to app updates that flow from Apple’s app review process; to the claim that the app store structure is inherently hostile to user privacy, given that Apple gets full visibility of which apps users are downloading and engaging with.

This week Durov also published a blog post in which he takes aim at a number of “myths” he says Apple uses to try to justify the 30% app fee — such as a claim that iOS faces plenty of competition for developers; or that developers can choose not to develop for iOS and instead only publish apps for Android.

“Try to imagine Telegram or TikTok as Android-only apps and you will quickly understand why avoiding Apple is impossible,” he writes. “You can’t just exclude iPhone users. As for the iPhone users, the costs for consumers to switch from an iPhone to an Android is so high that it qualifies as a monopolistic lock-in” — citing a study done by Yale University to bolster that claim.

“Now that anti-monopoly investigations against Apple have started in the EU and the US, I expect Apple to double down on spreading such myths,” Durov adds. “We shouldn’t sit idly and let Apple’s lobbyists and PR agents do their thing. At the end of the day, it is up to us – consumers and creators – to defend our rights and to stop monopolists from stealing our money. They may think they have tricked us into a deadlock, because we’ve already bought a critical mass of their devices and created a critical mass of apps for them. But we shouldn’t be giving them a free ride any longer.”

The European Commission declined to comment on Telegram’s complaint.

We also reached out to Apple for comment but the company also declined to provide an on the record statement regarding Telegram’s complaint. A spokesperson did point to a piece of analyst research, from earlier this year, which found iOS had a marketshare of 15% vs Android’s 85%. They also flagged a separate analyst report, which looks at commission rates charged by app and digital content stores and marketplaces — suggesting this shows that rates charged for similar types of stores are generally also around 30%.

So the company’s overarching argument against ‘app tax’ complaints continues to be the claim that: A) Apple can’t have monopoly power, given its relatively small mobile OS marketshare (vs Android); and B) the App Store fee is fair because it’s basically the same as everyone else charges. (On the latter point it’s true Google also takes a 30% cut via the Play Store. However the Android platform lets users sideload apps; whereas, on iOS, users would have to jailbreak their device to get the same level of freedom to freely install apps of their choice).

Apple’s arguments are also now being actively looked into by EU regulators. Last month the Competition Commission announced it’s investigating Apple’s iOS store (and Apple Pay) — saying a preliminary probe of the store had identified concerns related to conditions and restrictions applied by the tech giant.

Specifically vis-a-vis the App Store, the Commission said it’s looking at Apple’s mandatory requirement that developers use its proprietary in-app purchase system, and at restrictions it applies on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of the App Store.

The investigation by EU regulators is just the latest in a series of major big tech antitrust probes under the bloc’s current competition chief, Margrethe Vestager — who has also been digging into Amazon and Facebook business practices in recent years, as well as hitting Google with a series of record-breaking antitrust fines.

Over in the US, meanwhile, lawmakers are also actively grappling with competition concerns that have long been attached to a number of tech giants — and are being exacerbated by the pandemic concentrating platform power. Apple is one of the tech giants of concern, though not, seemingly, top of US lawmakers’ target list.

Yesterday, a hearing of the House Antitrust Subcommittee took testimony from four big tech CEOs: Amazon’s Jeff Bezos, Apple’s Tim Cook, Facebook’s Mark Zuckerberg and Google’s Sundar Pichai — with Pichai, Bezos and Zuckerberg getting the most questions from lawmakers.

Cook did face a number of questions around how the company operates the App Store, though — including about the commission it charges developers and a specific line of enquiry on why it had removed rival screen time apps. Asked whether Apple could ever raise its 30% take on app subscriptions Cook sought to sidestep the question, saying the fee had remained unchanged since the launch of the store.

He then followed up by arguing Apple faces huge competition for developers — citing alternatives platforms such as Windows and Xbox as also fiercely vying for developers, and likening the competition to attract developers as akin to “a street fight for market share”.

The contention from complainants like Spotify and Telegram is that Cook’s claim of Apple facing fierce competition for developers’ wares, from its position as the world’s second largest smartphone OS by marketshare, does not stand up to scrutiny. But it’ll be up to EU regulators to determine how to define the market for smartphone apps and, flowing from that, whether they identify harm or not.



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What’s ahead for no-code and low-code startups?

Since The Exchange last checked in on the world of low- and no-code startup funding, several more interesting rounds in the niche have bubbled up.

This week, TechCrunch covered a startup called Hevo raising $8 million, and Paragon, which raised a $2.5 million seed round. Hevo is a “data pipeline startup” that helps “clients’ employees to integrate data from more than 150 different sources — including enterprise software from Salesforce and Oracle  without requiring a technical background, we reported.

Paragon, part of Y Combinator’s Winter 2020 batch, is a developer productivity-focused service that “makes it easier for non-technical people to be able to build out integrations using our visual workflow editor” according to its co-founder Brandon Foo. Paragon wants to “bring the benefits of low code to product and engineering teams and make it easier to build products without writing manual code for every single integration” to help “streamline the product development process,” Foo added.

And there are more rounds worth highlighting in the space since we last looked, like $4 million for Enduvo (no-code AR/VR), a $3.45 million extension for the fast-growing Turbo Systems (a no-code “engagement platform”), and a seed round for CloudWorx (no-code IoT), among others.

The trend that we noted last week that no-code and low-code startups are raising lots of capital is still hot.

But startups aren’t the only companies working in this space: Apple has long had a foot in the domain via its subsidiary Claris, which rebranded to that name last year after running under the FileMaker moniker. At the time, Claris CEO Brad Freitag told TechCrunch that his company’s vision was to make “powerful technology accessible to everyone.”

That wasn’t merely cliché: Claris’ best-known product, FileMaker, helps users build low-code apps, and its second product is called Connect, a service that helps users link APIs using low-code tooling.

Given that Claris has been in the no-code, low-code space for longer than most, TechCrunch caught up with Freitag again to chat about recent growth in the market category, what he thinks of the low-code terminology, and, of course, his take on startups in the niche.

The growth of no-code and low-code



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Google’s “no choice” screen on Android isn’t working, says Ecosia — querying the EU’s approach to antitrust enforcement

Google alternative Ecosia is on a mission to turn search clicks into trees. The Berlin based not-for-profit reached a major milestone earlier this month, having used ad revenue generated by users of its privacy-sensitive search engine to plant more than 100 million trees across 25 countries worldwide — targeted at biodiversity hotspots.

However these good feels have been hit hard by the coronavirus pandemic. Ecosia has seen its monthly revenues slashed by half since COVID-19 arrived in Europe, with turnover falling from €2.6M in February to just €1.4M in June. It’s worried that its promise of planting a tree every 0.8 seconds is at risk.

It has also suffered a knock to regional visibility as a result of boycotting an auction process that Android OS maker Google has been running throughout this year, as a response to a 2018 Commission antitrust decision that found the tech giant had violated EU competition rules in how it operates the smartphone platform — including via conditions placed on phone makers to pre-load its own services (like Google search) as device defaults.

An auction process now determines which rival search engines appear on a search ‘choice screen’ Google began showing to Android users in Europe in the wake of the Commission decision. Currently, Google offers three paid slots via the auction to non-Google search engines. Android users setting up a new device always see Google’s own search engine as one of the four total options.

The tech giant’s rivals have consistently argued this ‘pay to play’ model is no remedy for its anti-competitive behavior with Android, the world’s dominant smartphone OS. Although most (including DuckDuckGo) felt forced to participate in its auction process from the get-go. Forgoing the most prominent route to the Android search market isn’t exactly a luxury most businesses could afford.

Ecosia, a not-for-profit, was the last major hold out. But now it says it’s been forced to end its boycott in a bid to remain competitive in the region. This means it will participate in the next auction round for the Android choice screen — scheduled for the beginning of Q4. If it wins any per country slots it will appear as a search choice option to those Android users in future, though likely not til next year given the length of the auction process.

It remains highly critical of Google’s pay-to-play model, arguing it’s no remedy for the antitrust violations identified by the Commission. It also laments that EU lawmakers are taking a ‘wait and see’ approach to determining whether Google’s ‘remedy’ is actually restoring competition, given all the evidence to the contrary.

“The main reason why we boycotted the auction is because we think it’s highly unfair and anticompetitive,” says Ecosia CEO Christian Kroll, speaking to TechCrunch via video chat. “Not only do we think that fair competition shouldn’t be sold off in an auction but also the way the auction is designed basically makes sure that only the least interesting options can win.

“Since we have a business model where we use most of our revenues to plant trees we basically can’t really win in an auction model. If you’re already a search engine that’s quite well known… then you have a lot of cannibalization effects through this screen. So we’re basically paying for traffic that we would get for free anyway… So it’s just super unfair and anticompetitive.”

Kroll expresses emphatic surprise that the Commission didn’t immediately reject Google’s auction model for the choice screen — saying it seems as if they’ve learned nothing from the EU’s earlier intervention against Microsoft’s tying of its Internet Explorer browser with its dominant desktop OS, Windows. (In that case the saga ended after Microsoft agreed to implement a ballot screen offering a choice of up to 12 browsers, which paved the road for Google to later gain share with its own Chrome browser.)

For a brief initial period last year Google did offer a fee-less choice screen in Europe, pushing this out to existing Android devices — with search rivals selected based on their market popularity per country (which, in some markets, included Ecosia).

However the tech giant said then that it would be “evolving” its implementation over time. And a few months later an auction model was announced as incoming for new Android devices — with that ‘pay-to-play’ approach kicking off at the start of this year.

Search rivals including DuckDuckGo and Qwant immediately cried foul. Yet the response from the Commission has been to kick the can — with regulators offering platitudes that said they would “closely monitor”. They also claimed to be “committed to a full and effective implementation of the decision”.

However the missing adjective in that statement is ‘fast’. Google rivals would argue that for a remedy to be effective it needs to happen really fast, like now — or, for some of them, the risk really is going out of business. After all, the Commission’s Android antitrust decision (which, yes, Google is appealing) already dates back two full years

“I find it very surprising that the European Commission hasn’t rejected [Google’s auction model] from the start because some of the key principles from what made the choice screen successful in the Microsoft case have just been completely disregarded and been turned around by Google to turn the whole concept of a choice screen to their advantage,” says Kroll. “We’re not even calling it the ‘choice screen’ internally, we just call it the ‘auction screen’. And since we’re now stopping to boycott we call it the ‘no choice screen’.”

“It’s Google’s way to give the impression that there’s free choice but there is no free choice,” he adds. “If Google’s objective here would be to create choice for the user then they would present the most interesting options, which are the search engines with the highest marketshares — so definitely us, DuckDuckGo and maybe some other players as well. But that’s not what they’re trying to do.”

Kroll points out that another German search rival to Google, Cliqz, had to pull the plug on its anti-tracking alternative at the start of this year — meaning there’s now one less homegrown anti-tracking rival to Google in play. And while Ecosia feels it has no choice but to participate in Google’s auction game Kroll says it also can’t know whether or not participating will result in Ecosia overpaying Google for leads that then mean it generates less revenue and can’t plant as many trees… Or, well, any trees if the worst were to happen.

(NB: Kroll was speaking to TechCrunch ahead of signing an NDA that Google requires participants of the auction to sign which puts a legal limit on what they can say about the process once they’re involved — which, in turn, is a problematic element that another European search rival, Qwant, has also complained is unfair… )

“We don’t have any choice left, other than to participate,” adds Kroll. “Because we want to have access to the Android platform. So basically Google has successfully bullied everyone to play to its own rules — and it’s a game where Google is not only the referee but also they get a free ticket and they are also players…

“Somehow Google magically convinced the public but I think also the European Commission that they need to generate revenue in an auction because they have so many costs through the Android development and so on. It is of course true that they have costs… but they are also generating massive profit through the deals that they then make with the device makers and those profits are not at all shared.”

Kroll points out that Google shells out a (reported) $12BN per year to be the default search engine in Safari on Apple’s iOS platform — even as it pays nothing to get in front of the vast majority of mobile searchers’ eyeballs via Android (and does the same with Chrome).

“If they would pay the same amount of money for those platform they would soon be bankrupt,” he argues. “So they are getting all this for free and they are also getting other benefits for free — like having the Play Store preinstalled, like having Google Maps preinstalled, YouTube preinstalled and so on — which are all revenue sources. But they’re not sharing any of those revenue. They just try to outsource all of the costs that they have to their competitors, which is I think very unfair.”

While Alphabet, Google’s parent entity, doesn’t break out Google Play revenue specifically from within a generic “advertising” bucket when it reports its financials, data from SensorTower for the first half of 2020 suggests it generated $17.3BN in Play Store revenue alone over this six-month period, up 21% year-over-year. And Play is just one of the moneyspinners Google derives via ‘free’ Android.

Since the Commission’s antitrust 2018 decision against Android Kroll argues that nothing has changed for search competitors like Ecosia which are trying to offer consumers a more interesting value exchange for their clicks.

“What Google is doing very successfully is they’re just playing on time,” he suggests. “Our competitor, Cliqz, already went bankrupt because of that. So the strategy seems to work really well for Google. And we also can’t afford to lose access to those platforms… I really hope that the European Commission will actually do something about this because it has been done successfully in the Microsoft case and we just need exactly the same.”

Kroll also flags DuckDuckGo’s design suggestions for “a fair choice screen” — which we covered here last year but which Google (and the Commission) have so far simply ignored.

He suspects regulators are waiting to see how the market looks in another year or more. But of course by then it may be too late to save more alternative search engines from a Cliqz-style demise, thereby further strengthening Google’s position. Which would obviously be the opposite of an antitrust remedy.

Commissioner Margrethe Vestager already conceded last year that another of her interventions against the tech giant — the Google AdSense antitrust case — is an example of “enforcement that hasn’t succeeded because it has failed to restore competition”. So if she’s not careful her record on failed remedies could dent her high profile reputation for being an antitrust chief who’s at least willing to take on tech giants. Where competition is concerned, it must be all about outcomes — or what are you even doing as claimed law ‘enforcers’?

“I always fear that the point might come when big corporates are more powerful than our public institutions and I’m wondering if this point isn’t already reached,” adds Kroll, positing that it’s not clear whether the EU — as an economic and political project now facing plenty of its own issues — will have enough resilience to be able to enforce its own competition law in the near future. So really his key point is: If not now, when? (Or, well, how?)

It’s certainly true that there’s a growing disconnect between what the Commission is saying around competition policy and digital markets — where it’s alive to the critique that regulatory interventions need to be able to move much faster if they’re to prevent monopoly power irreversibly tipping these markets (it’s currently consulting on whether to give itself greater powers of intervention) — and its hands-off approach to how to remedy market failure. tl;dr there’s no effective enforcement without effective remedies. So dropping the ball after the fact of a decision really defeats the whole operation.

Vestager clearly recognizes there’s a problem in the digital context — telling the EU parliament last year: “We have to consider remedies that are much more far reaching”. (Albeit, still not committing to having much more far reaching remedies.) Yet in parallel she preaches ‘wait and see’ as her overarching philosophy — a policy ‘push-pull’ which seems to be preventing the unit from even entertaining taking on a more agile, active and iterative role in supporting markets towards actual restoration of competition. At least not before a lengthy consultation exercise which further kicks the can,

If EU lawmakers can’t learn the lessons from their own relatively recent digital antitrust history (Microsoft tying IE to Windows) to effectively enforce what is a pretty straightforwardly similar antitrust case (Google tying search & its other services to Android), you have to question why they think they need new antitrust tools to properly tackle digital monopolies now. Given they don’t seem able to effectively wield the tools they’ve already got.

It does rather look increasingly like the current crop of EU regulators have lost conviction — and/or fallen prey to risk aversion — in the face of platform power moves. (To wit: There are whispers the Commission is preparing to wave through Google’s acquisition of Fitbit, on paper-thin promises from Google, despite major concerns raised about privacy and increased data consolidation — which, if true, would again mean the Commission ignoring its own recent history of naively swallowing other similar tech giant claims.)

“My feeling is, what has happened in the Microsoft case… there was just somebody in the Commission crazy enough to say this is what the decision is and you have to do it… And maybe it just takes those kind of guts. That’s then maybe a political question. Is Vestager willing to really pick those battles?” asks Kroll.

“My feeling is if people really understand the situation then they would care but you actually need to do a little bit of explaining that it’s not good to have a dominant player that is in such an important sector like search, and that is basically shutting down the market for everybody else.”

Asked what his message is for the US lawmakers now actively eyeing antitrust concerns around Google — and indeed much of big tech — Kroll says: “I’m a fan of competition and I also admire Google; I think Google is a very clever company but I think there is a point reached where there’s so much concentration of power that it gets dangerous for society… We’ve been suffering quite a lot from all the dominance that Google has in the various sectors. There are just things that Google are doing that are obviously anticompetitive.”

One specific thing he suggests regulators take a close look at is how much money Google pays Apple to be the default search option on Safari. “It’s paying more money than it can actually afford to win the Safari search volume — that I think is very anticompetitive,” he argues. “They already own two-thirds of the market and they basically buy whatever’s left over so that they can just cement their dominance.

“The regulators should have a very close look at that and disallow Google to participate in any of those bids for default positions in other browsers in the future. I think that would even be beneficial for browsers because in the long term there would finally be competition for those spots again. Currently Google’s just winning them because they’re running out of options and there are not many other search providers left to choose from.”

He also argues they need to make Google repair “some of the damage they’ve done” — i.e. as a result of unfairly gaining marketshare — by enforcing what he calls “a really fair choice screen”; non-paid and based on relevance for users. And by doing so on Android and Chrome devices. 

“I think until a year ago if you visited Google.com with your Safari browser or Firefox browser then Google would recommend to install Chrome. And for me that’s a clear abuse of one dominant position to support another part of your company,” he argues. “Google needs to repair that and that needs to happen very quickly — because otherwise other companies might [go out of business].”

“We’re still doing okay but we have been hit heavily by corona and we have a huge loss in revenue. Other companies might be hit even worse, I don’t know. And we don’t have the same deep pockets that the big players have. So other companies might disappear if nothing’s done soon,” he adds. 

We reached out to Google and the European Commission for comment.

A Google spokesperson pointed us to its FAQ about the auction. In further remarks which they specified could not be directly quoted they claimed an auction is a fair and objective method of determining how to fill available slots, adding that the revenue generated via the auction helps Google continue to invest in developing and maintaining Android.

While a spokeswoman for the Commission told us it has been “discussing” the choice screen mechanism with Google, following what she described as “relevant feedback from the market, in particular in relation to the presentation and mechanics of the choice screen and to the selection mechanism of rival search providers”.

The spokeswoman also reiterated earlier comments, that the Commission is continuing to monitor Google’s choice screen implementation and is “committed to a full and effective implementation of the decision”.

However a source familiar with the matter said EU lawmakers view paid premium placement for a few cents as far superior to what Google was offering rivals before — i.e. no visibility at all — and thus take the view that that something is better than nothing.



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