Google Pushes for Antitrust Action Against Microsoft in UK Cloud Market

(FILES) This illustration photograph taken on October 30, 2023 in Mulhouse, eastern France, shows figurines next to a screen displaying a logo of Google, a US multinational technology company. (Photo by SEBASTIEN BOZON / AFP)
(FILES) This illustration photograph taken on October 30, 2023 in Mulhouse, eastern France, shows figurines next to a screen displaying a logo of Google, a US multinational technology company. (Photo by SEBASTIEN BOZON / AFP)
TT

Google Pushes for Antitrust Action Against Microsoft in UK Cloud Market

(FILES) This illustration photograph taken on October 30, 2023 in Mulhouse, eastern France, shows figurines next to a screen displaying a logo of Google, a US multinational technology company. (Photo by SEBASTIEN BOZON / AFP)
(FILES) This illustration photograph taken on October 30, 2023 in Mulhouse, eastern France, shows figurines next to a screen displaying a logo of Google, a US multinational technology company. (Photo by SEBASTIEN BOZON / AFP)

Google has called on Britain’s antitrust regulator to take action against Microsoft, claiming its business practices had left rivals at a significant disadvantage, according to a letter seen by Reuters.
Microsoft and Amazon have faced mounting scrutiny around the world over their dominance of the cloud computing industry, with regulators in Britain, the European Union, and the US probing their market power.
The CMA (Competition and Markets Authority) launched an investigation into Britain’s cloud computing industry in October, following a referral from media regulator Ofcom which highlighted Amazon and Microsoft’s dominance of the market.
In 2022, Amazon Web Services (AWS) and Microsoft's Azure had a combined 70-80% share of Britain's public cloud infrastructure services market, Ofcom said. Google’s cloud division was their closest competitor, at around 5-10%.
In a letter submitted to the CMA, Google said Microsoft’s licensing practices unfairly discouraged customers from using competitor services, even as a secondary provider alongside Azure.
“With Microsoft’s licensing restrictions in particular, UK customers are left with no economically reasonable alternative but to use Azure as their cloud services provider, even if they prefer the prices, quality, security, innovations, and features of rivals,” Google said in its letter to the CMA.
Such practices directly harmed customers, and were the only significant barrier to competition in Britain’s cloud computing market, the company said.
Microsoft last year updated its licensing rules to address such concerns and promote competition, though the changes did not satisfy rivals.
A Microsoft spokesperson said the company had worked with independent cloud providers to address concerns and provide opportunity and that more than 100 worldwide had taken advantage of the changes.
"As the latest independent data shows, competition between cloud hyperscalers remains healthy. In the second quarter of 2023 Microsoft and Google made equally small gains on AWS, which continues to remain the global market leader by a significant margin," the Microsoft spokesperson said.
Speaking to Reuters, Google Cloud Vice President Amit Zavery criticiced Microsoft’s practices, and said his company was committed to a multi-cloud approach, in which customers could easily move between providers depending on their needs.
"A lot of our software and cloud services interoperate, and can run on AWS or on Azure as well, so you're not restricted," he said. "If you don't fix this, eventually you will have fewer cloud providers, and then innovation will not really happen, and investments will start shrinking."
At issue was Microsoft's decision to update the terms for when customers wanted to use their Windows or other software licenses in the cloud, effectively resulting in higher costs if they used Google or AWS instead of Microsoft's Azure.
Asked why Amazon, which boasts a larger share of the cloud market than Microsoft, did not pose a similarly anticompetitive risk, Zavery said AWS consumers were not facing the same restrictions.
“There are some issues, in terms of cloud interoperability, but we can fix that. That's a discussion between providers, which is much understood, and customers are forcing that conversation,” he said.
“The problem we run into with Microsoft is that there's no technical issue, but you have licensing restrictions which means we are now being prevented from competing.”
Google made six recommendations to the CMA, including forcing Microsoft to improve interoperability for customers using Azure and alongside other cloud services, and banning it from withholding security updates from those that switch.
The CMA did not immediately respond to a request for comment.



US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
TT

US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)

The Justice Department late Friday filed its response to TikTok's civil suit aimed at derailing a law that would force the app to be sold or face a US ban.

TikTok's suit in a Washington federal court argues that the law violates First Amendment rights of free speech.

The US response counters that the law addresses national security concerns, not speech, and that TikTok's Chinese parent company ByteDance is not able to claim First Amendment rights here.

The filing details concerns that ByteDance could, and would, comply with Chinese government demands for data about US users or yield to pressure to censor or promote content on the platform, senior justice department officials said in a briefing.

"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior justice department official said.

"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."

The response argues that the law's focus on foreign ownership of TikTok takes it out of the realm of the First Amendment.

US intelligence agencies are concerned that China can "weaponize" mobile apps, justice department officials said.

"It's clear that the Chinese government has for years been pursuing large, structured datasets of Americans through all sorts of manner, including malicious cyber activity; including efforts to buy that data from data brokers and others, and including efforts to build sophisticated AI models that can utilize that data," a senior justice department official said.

TikTok has said the demanded divestiture is "simply not possible" -- and not on the timeline required.

The bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.

The White House can extend the deadline by 90 days.

"For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," said the suit by TikTok and ByteDance.

- TikTok shutdown? -

ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.

"There is no question: the Act will force a shutdown of TikTok by January 19, 2025," the lawsuit said, "silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere."

TikTok first found itself in the crosshairs of former president Donald Trump's administration, which tried unsuccessfully to ban it.

That effort got bogged down in the courts when a federal judge temporarily blocked Trump's attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.

The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.

"We view the statute as a game changer from the arguments that were in play back in 2020," a senior justice department official said.

There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.

Big tech's usual suspects, such as Facebook parent Meta or YouTube's Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world's most successful apps used by about 170 million people in the United States alone.