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US considers breaking up Google

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A proposal to break up Alphabet-owned Google is one of the options being considered by the Justice Department following a landmark court ruling that the company has monopolised the online search market.

According to Bloomberg, the move would be Washington’s first attempt to break up a company for illegal monopolisation since the failed attempt to break up Microsoft two decades ago.

Less serious options include forcing Google to share more data with rivals and measures to prevent it from gaining an unfair advantage in artificial intelligence products, said the people, who asked not to be identified discussing private talks.

Alphabet’s shares fell 3.8% as of 10:13 a.m. in New York yesterday, the biggest drop since August 5, when a federal judge ruled the company had an illegal monopoly in the search market.

Android and Chrome could be divested if there is no fragmentation

Regardless, the government is almost certain to seek a ban on the specific types of contracts at the heart of its case against Google.

If the Justice Department insists on a break-up plan, the units most likely to be divested are the Android operating system and Google’s Chrome web browser, officials said.

Officials are also considering forcing a possible sale of the AdWords platform, which the company uses to sell text ads.

Google has said it will appeal the 5 August ruling, but Mehta ordered both sides to begin planning for the second phase of the case, which will include the government’s proposals to restore competition, including a possible motion to dismiss.

The US plan will have to be accepted by Mehta, who will order the company to comply with it. A forced break-up of Google would be the largest break-up of a US company since the break-up of AT&T in the 1980s.

Justice Department lawyers advising companies affected by Google’s practices have expressed concern in interviews that the company’s dominance in search gives it an advantage in developing artificial intelligence technology.

As part of the solution, the government may try to stop the company from forcing websites to allow their content to be used for some of Google’s artificial intelligence products in order to appear in search results.

Google to sign consent decrees for Gmail and Play Store

Divestment of the Android operating system, which is used on some 2.5 billion devices worldwide, is one of the most frequently discussed remedies by Justice Department lawyers. In his ruling, Mehta found that Google requires device makers to sign agreements to provide access to its applications, such as Gmail and the Google Play Store.

These agreements also require Google’s search widget and Chrome browser to be permanently installed on devices, effectively preventing other search engines from competing.

Mehta’s ruling follows a December jury verdict in California that found the company had monopolised the distribution of Android apps. The judge in that case has not yet ruled.

The Federal Trade Commission, which also enforces antitrust laws, filed a brief in the case this week, saying in a statement that Google should not be allowed to “reap the rewards of unlawful monopolisation”.

Google has paid companies up to $26 billion to make its search engine the default on devices and web browsers, including $20 billion to Apple.

Google’s huge advertising revenues also in the crosshairs

Mehta’s ruling also revealed that Google has a monopoly on so-called search text ads, which appear at the top of search results pages to attract users to websites.

These ads are sold through Google Ads, which was renamed AdWords in 2018, and allows marketers to run ads for specific search terms related to their business.

According to testimony at last year’s hearing, about two-thirds of Google’s total revenue comes from search advertising, and will exceed $100 billion by 2020.

If the Justice Department does not require Google to sell AdWords, it may require interoperability requirements that would allow it to run smoothly on other search engines, the people said.

Google could be forced to share more data

Another option would be to require Google to transfer or licence its data to competitors such as Microsoft’s Bing or DuckDuckGo.

According to Mehta, Google’s contracts not only ensure that the search engine receives the most user data (16 times more than its nearest competitor), but this influx of data also prevents its rivals from improving their search results and competing effectively.

Recently introduced digital gatekeeping rules in Europe imposed a similar requirement on Google to make some of its data available to third party search engines. The company has publicly stated that sharing data could raise privacy concerns for users, so it only provides information on searches that meet certain thresholds.

Requiring monopolists to give competitors some access to technology has been a remedy in previous cases. In the first case brought by the Justice Department against AT&T in 1956, the company was required to grant royalty-free licences to its patents.

In the antitrust case against Microsoft, the settlement required the technology giant to make some of its applications, called application programming interfaces or APIs, available to third parties for free.

APIs are used to enable software programs to communicate and exchange data effectively.

Google uses data to develop artificial intelligence

For years, websites have given Google’s web crawler access to ensure they appear in the company’s search results. But recently, some of that data has been used to help Google improve its artificial intelligence.

Last autumn, Google created a tool that allows websites to block scraping for AI, after companies complained.

But this opt-out doesn’t apply to everything. In May, Google announced that some searches will now come with ‘AI overviews’, narrative answers that save people the trouble of clicking through various links. The AI-powered panel appears below queries and provides summarised information from Google search results across the web.

Google does not allow website publishers to opt out of appearing in AI Overviews because it is a ‘feature’ of search, not a separate product. Sites can opt out of Google’s use of snippets, but this applies to both search and AI Overviews.

A snippet is a piece of source code that does not work on its own, but is used as a shortcut in code.

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US Treasury threat to countries hosting branches of Russian banks

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The US Treasury Department’s Office of Foreign Assets Control (OFAC) has threatened other countries that the opening of branches or subsidiaries of Russian banks abroad could be an attempt by Russia to evade sanctions imposed over the war in Ukraine.

OFAC warned foreign banks to exercise caution when dealing with newly opened foreign branches or subsidiaries of Russian financial institutions.

This warning includes entities not subject to US sanctions.

Foreign financial institutions dealing with such branches or affiliates should consider that they present significant sanctions risks, including account services, funds transfers or payments, trade finance, and other services such as insurance,’ the statement said.

However, it noted that transactions related to food, agriculture, medicine, energy, and telecommunications are still permitted activities.

OFAC stressed that the Treasury Department ‘has a number of tools at its disposal to thwart Russia’s attempts to finance its defence industry’. One such tool is the Bank Secrecy Act (BSA).

In 2021, the US amended the BSA to empower US regulators to request information from foreign banks with correspondent accounts in the US about any account, including information stored overseas, as part of investigations.

“OFAC’s new warning will lead to an expansion of the practice of closing accounts and suspending other related financial services,” said investment banker Yevgeny Kogan on his Telegram channel.

“The US Treasury has scared everyone so much that it now resembles racial discrimination. There are cases of reluctance to do business with people who do not live or work in Russia, but who also have a Russian passport or whose place of birth is listed in foreign citizenship as the Russian Federation/USSR,” Kogan added.

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US seizes Maduro’s plane

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The United States has seized Venezuelan President Nicolas Maduro’s plane after determining that its purchase violated US sanctions, among other “criminal matters”. The plane, seized in the Dominican Republic, was flown to Florida on Monday, two US officials said.

This sends a message all the way to the top,’ one of the US officials told CNN. The seizure of a foreign head of state’s plane is unheard of in criminal cases. We are sending a clear message here that no one is above the law, no one is above the reach of US sanctions,’ a US official told CNN.

The plane, described by officials as Venezuela’s equivalent of Air Force One, has also been seen during Maduro’s previous state visits around the world.

Dominican Republic President Luis Abinader said the plane seized by the US on Monday was registered ‘in the name of an individual’ and not the Venezuelan government.

Dominican Foreign Minister Roberto Álvarez said the country’s attorney general’s office had received an order from a national court last May to ‘immobilise’ the plane.

The minister said the US had requested the aircraft’s immobilisation in order to search for ‘evidence and objects related to fraudulent activities, smuggling of goods for illegal activities and money laundering’.

The Department of Justice has seized an aircraft that we allege was illegally purchased for $13 million through a shell company and smuggled out of the US for use by Nicolás Maduro and his cronies,’ US Attorney General Merrick Garland said in a statement.

The Department of Justice alleged that the aircraft, a Dassault Falcon 900EX, was purchased from a company in Florida and illegally exported from the US to Venezuela via the Caribbean in April 2023.

According to the Justice Department, the plane was used for Maduro’s international travel and “flew almost exclusively to and from a military base in Venezuela”.

The aircraft was seized for violations of U.S. sanctions against Venezuela and other criminal matters related to this aircraft that we are still investigating,’ Anthony Salisbury, special agent in charge of Homeland Security Investigations, told CNN.

A senior official in the Dominican Republic told CNN that Maduro’s plane was undergoing maintenance on Dominican territory at the time it was seized by US authorities.

The source added that the government had no record of Maduro’s private plane being in the country until it was seized.

According to one of the US officials, US authorities worked closely with the Dominican Republic, which notified Venezuela that the plane had been seized.

According to US officials, several federal agencies were involved in the seizure of the plane, including Homeland Security Investigations, Commerce agents, the Bureau of Industry and Security, and the Department of Justice.

Records show that the plane’s last registered flight was from Caracas to the Dominican capital, Santo Domingo, in March.

In a statement on Monday, the Venezuelan government described the seizure as ‘piracy’ and accused Washington of stepping up its ‘aggression’ against Maduro’s government following July’s presidential election.

Once again, in a recurring criminal practice that can only be described as piracy, the US authorities have illegally seized an aircraft used by the President of the Republic, justifying their action with the coercive measures they have illegally and unilaterally imposed around the world,’ the statement said.

The US has shown that it uses its economic and military power to intimidate and pressure states like the Dominican Republic to serve as ‘accomplices in criminal acts’, Venezuela said, adding that what had happened was ‘an example of the so-called ‘rules-based order’, which seeks to establish the law of the strongest in defiance of international law’.

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Fed’s ‘leading inflation’ expectations unchanged; eurozone inflation down to 2.2 per cent

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The Federal Reserve’s preferred measure of inflation held steady at 2.5 per cent in the 12 months to July, according to data released on Friday that could pave the way for the Fed to start cutting interest rates next month.

The Fed’s target for the headline personal consumption expenditure (PCE) index is 2 per cent annually. Core PCE, which strips out volatile food and energy costs, came in at 2.6 per cent, below expectations of 2.7 per cent.

The figures from the Commerce Department came after Fed chairman Jay Powell said last week that it was “time” to start cutting interest rates as inflation fell and the labour market slowed.

The core PCE data, which is expected after yesterday’s strong US growth data, plays an important role in the Fed’s assessment of inflation.

In the US, personal spending rose by 0.5% in July, in line with expectations, and personal income rose by 0.3%, slightly above expectations of 0.2%.

Core PCE measures the rate of inflation faced by consumers when purchasing goods and services, excluding food and energy prices.

US government bond prices fell slightly following the release of the data. The yield on the two-year Treasury note, which rises when prices fall, rose 0.03 percentage point during the day to 3.92%. The S&P 500 was up 0.7% shortly after the opening bell on Wall Street.

Eurozone inflation fell sharply in August to 2.2 per cent, the lowest level in three years.

The rate reinforced expectations that the European Central Bank (ECB) will cut interest rates next month.

Friday’s preliminary figure was in line with the 2.2 per cent forecast in a Reuters poll and below last month’s rate of 2.6 per cent.

The Eurostat data came after Germany and Spain this week reported sharper-than-expected declines in August.

France also reported on Friday that inflation fell to 2.2 per cent, but the figure was higher than expected and some economists attributed the drop to price pressures from the Paris Olympics.

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