Free Google, Microsoft and Yahoo! From Antitrust Fascism
Yahoo! has just released its first-quarter earnings numbers, and neither the market nor analysts are impressed. What will be the company’s next move? Multiple suitors claim that they can leverage Yahoo!’s online products and talented employees better than Yahoo!’s widely criticized management is doing. The leading bidder is Microsoft, whose $40 billion offer it is prepared to take directly to Yahoo! shareholders via a proxy fight. Other proposals said to be in the running are an advertising collaboration with Google, a merger with AOL, and a possible deal involving News Corp (including MySpace).
The stakes are high. The right move could lead Yahoo! to a new level of innovation and profit, while the wrong move could cause the company’s value to plummet.
Unfortunately, the fate of Yahoo! will not be determined simply by who makes the best proposal to shareholders—but by whose proposal antitrust bureaucrats arbitrarily deem sufficiently “competitive.”
Consider the Microsoft bid. If Yahoo! shareholders decide the Microsoft bid is best for their company, and want to move forward immediately with the challenging task of combining two companies with thousands of employees, they may be prohibited from doing so. Antitrust enforcers could hold up progress for months deliberating whether the merger is “anticompetitive”—and then possibly kill it altogether. Competitor Google is cheerleading this outcome, claiming on its official blog that “Microsoft plus Yahoo! equals an overwhelming share of instant messaging and web email accounts. And between them, the two companies operate the two most heavily trafficked portals on the Internet.”
But a Microsoft and Yahoo! combined market share offers no threat to competition whatsoever—a fact that search-giant Google should know, given that the once-puny company was able to out-compete the once-dominant Yahoo! and the mighty Microsoft. Whether a market is competitive is not determined by the number of competitors or the percentage of customers that choose to buy their products; i