What A Day - OK Google, What's A Monopoly

Episode Date: October 21, 2020

The Justice Department filed a major lawsuit against Google saying that the company is illegally trying to maintain its search dominance using anti-competitive practices. We look at what's the behind the case and what it could mean for Google.Trial volunteers in London will be deliberately infected with COVID-19 to aid in vaccine research starting in January, if a plan by researchers gets approval from regulators. In the US, the governors of California and New York are pledging review any FDA-approved vaccine before disseminating it to the public in their states.And in headlines: a grand juror in the Breonna Taylor case speaks out, Ireland reimposes shutdown, and Phil Collins’ house is occupied by his ex-wife and armed guards.Show Links:"Why the US government is suing Google"https://www.vox.com/recode/21524710/google-antitrust-lawsuit-doj-search-trump-bill-barr

It's Wednesday, October 21st. I'm Akilah Hughes. And I'm Gideon Resnick, and this is What A Day, where we honestly thought Trump knew better than to come at Leslie Stahl. Dude, you will never win this fight. We're citizens of the United States of Stahl-America. That is for sure. Ms. Stahl, if you are interested, I'm personally inviting you to replace me on Juan. Yeah, Leslie and Gideon have the same number of syllables, so it won't even be a problem. On today's show, researchers in the UK plan to purposely infect people with COVID for science.

Then some headlines. But first, the latest. The software industry, which contributed over $100 billion to the national economy last year, is an open economic opportunity for any entrepreneur in America. Will the United States continue its breathtaking technological advances? I believe can be answered resoundingly yes, if innovation is not restricted by government. That was Bill Gates testifying to Congress in the 90s, right before Microsoft, the big tech titan of the time, faced a major federal antitrust case. And yesterday, something similar happened.

The Justice Department filed a major lawsuit against Google following a 14-month investigation. It has to do with a topic we've discussed on the show before, tech companies and monopoly power. This case is the most significant action the government has taken against a tech company probably since Microsoft. So let's get into the details of what we know so far. Yeah, so the DOJ put out this 57-page complaint. And overall, what they're saying is that Google is illegally trying to maintain its search dominance by using anti-competitive practices. So specifically, the DOJ is saying that the deals Google has with mobile carriers like Apple and others to make Google search the default option blocks out competitors. And the result is that 80 to 90% of all internet searches done in the United States

go through Google. Pretty good business. The suit also alleges that Google takes the profits it earns from being the dominant search engine and in turn pays companies like AT&T, Apple, and others to be the default option on their devices, meaning Google uses its dominance to stay dominant and box out other competitors. And according to the DOJ, about half of Google's search traffic came from Apple devices in 2019, and then Google pays Apple $8 to $12 billion a year to remain the default. And search engine revenue is insanely lucrative for Google. The company made an estimated $34 billion plus in the US alone last year, and that is only expected to grow in the coming years. Yeah, and the DOJ also said that this is impacting consumers, right? That is right. So impacting consumers when it comes to data privacy, people are mostly stuck

with Google's data practices. But DOJ says it's also hurting other competing tech companies and advertisers who are now pretty reliant on Google to reach their consumers. There's a really good Recode article on all of this, which we'll put into the show notes. But legally speaking, the DOJ says Google is violating the Sherman Antitrust Act, which was passed over 100 years ago. All right. So Google's obviously not happy about this. Let's talk about what they're saying in response. Well, so they compared the contracts that they have to other companies promoting products. In one example cited in the blog post from the company's chief legal officer, they described their practices like cereal brands paying for good placement on grocery store shelves. Google, Frosted Flakes, what is the ultimate difference at the end of the day? I can't decide. Google also argued that consumers use Google search because they choose to use it and not because there aren't other alternatives

available. Google also said that they have hefty competition from sites like Amazon. So going forward, we can likely expect that Google and its parent company Alphabet are gearing up for a costly and lengthy legal and lobbying effort, potentially leaning on recent experience they've had in Europe. There, the European Union has leveled three different antitrust cases against them. And this is likely to stretch on for a long time. So that last antitrust case that we talked about from the federal government was against Microsoft in 1998, and it took them years but ended up in a settlement. Which brings us to where all of this is potentially headed.

So where does this case go, and what happens if Google loses? It's a really good question. So apparently at first, at least, the DOJ didn't propose remedies like saying Google would have to end these contracts or sell off certain parts of the company. And while there's bipartisan agreement that in principle, pursuing antitrust action against Google is good, the speed with which it happened has led some to speculate that Attorney General Bill Barr wanted to get this done in an expedited way before the election. That could be to make the president happy, which seems like a great share of what his job is. But if Trump loses in November,

the Biden administration could continue to pursue the case or refine it, according to experts Recode spoke with. Then as for Google and the consequences for them, it could be very bad for their financial bottom line if they did have to break off the search engine part of their business. But as in the case with Microsoft, it could also result in a settlement or Google could win. As this progresses, though, there could be legislative action against Google, there could be more suits from either the DOJ or state AGs. So far, 11 have signed on to this particular suit from the feds. It's also possible even likely even that Google could slow down its actions of buying companies to avoid more criticism during all of this. So there's going to be a lot more to get to on this story and a lot we didn't cover today, but let's shift gears to COVID and some interesting

plans going on abroad. Akilah, what is happening there? A lot. So in People Braver Than Me news, 100 volunteers in London will be deliberately infected with COVID-19 to aid in vaccine research starting in January if a plan by researchers gets approval from regulators. Officially, it's called a challenge trial and it would be the first attempt of its kind. Normally, it's against medical ethics to infect people with a potentially deadly disease that has no cure or super reliable treatment. There are many days where the news we cover sounds like science fiction, but this is random civilians being sent to space to blow up an asteroid in Armageddon-level news, I think.

So here's what's happening. Volunteers will have a lab-grown strain of the virus blown up their noses while quarantined in a biosecure unit at Royal Free Hospital, and they'll undergo frequent testing over the course of two or three weeks. People have been generally afraid of even having to take a COVID test, but there are people, in fact, more than 38,000 people who have volunteered to have the live virus given to them for a trial like this. Gideon, would you give it a shot, you know, even just for the greater good? I don't want to close my eyes. I don't want to miss a thing. And I don't feel that I want a shot of COVID into my nose. But let's talk about that greater good for a moment. What are they looking for in these trials? And how does it get us closer to an eventual vaccine?

So it's the first step in several more steps, but it will in effect save time once there is a workable vaccine. So the initial phase of the study involving fewer than 100 healthy young adults aged 18 to 30 will seek to determine the minimal amount of virus necessary to cause an active measurable infection in their lungs. Later in the spring,

the scientists hope to get more volunteers that they will inoculate with promising vaccines and then expose them to the lowest determined viral load that can cause infection to see how well the vaccines can protect them. There will still be large phase three trials to prove safety of the vaccines in large populations, but the British government hopes these challenge trials will help accelerate the study of vaccines that are further along in development and allow for a sort of side by side comparison. The immunologist that is leading the investigation said the trial would be able to tell within just 10 weeks how effective a coronavirus vaccine is. By contrast, studies that rely on chance exposure

rather than deliberate infection can take months and tens of thousands of inoculations to prove efficacy. Yeah, that makes sense. And then there's more vaccine safety news on this side of the pond regarding the FDA and perhaps some skepticism around it. So what is that all about? Yeah, that makes sense. And then there's more vaccine safety news on this side of the pond regarding the FDA and perhaps some skepticism around it. So what is that all about? Yeah, I mean, I think it's mostly about the Trump administration ruining the credibility of every agency they've ever met. But in California, Governor Gavin Newsom is pledging to have statewide reviews of any FDA approved vaccine before disseminating it to the public. And Governor Andrew Cuomo in New York has said the same. This comes after the Trump administration's politicization of the virus and the never-ending pushing of ineffective or mostly ineffective or still experimental treatments

that continue to sow so much distrust around their response. I know we're all tired of the bingo card analogies of what we did or didn't have on our card, considering that bingo has a limited set of options. But I got to say, California leading in any way around vaccines, given the anti-vax rep of the state, you know, it wasn't on my bingo card. We will let you know when we find talking about a major moment in fashion history. Cold and flu medicine brand Mucinex dropped their first line of clothing last night, a collection of so-called sick wear like pajamas and jumpsuits that are made, I guess, to get boogers on. So the prices are no joke with a hoodie costing between $100 and $140. But remember that you're paying for the label, which is our beloved nasty looking Mucinex

man. So Giddy, now that pharmaceutical brands slash fashion crossovers are a thing, which drug company clothes do you want to get your hands on? I really feel that we must take a stand and say we should not be giving pharmaceutical companies money for these things. $140 for this company for a hoodie with the gross guy in the snot booger flubber man in the hat. Look, there must be some demand. I don't know that there is demand. But, you know, I guess if I had to, listen, I think that if they're going to make these clothing products, the products should also do what the drugs do. So if, you know, in this case, like if you put the hoodie on, I guess clearing up what you got going on in your system. If that were the case by the transitive property,

I would maybe get something that is like a Z-Quil hoodie where it would put me to sleep, you know, and I could have like a on-off switch for going to bed. But these companies... I don't think that's a bad idea. I think that, you know, you gotta give it a shot. Yes. Yeah, yeah. I just think that they don't deserve our money.

We're crusading against these companies, it's fair same question akilah what what company do you want yeah i mean i think that like as far as fashion goes it's hard to say like i would get some you know asthma inhaler brand shoes because that's how my asthma is triggered is from working out so like you know maybe people would be like oh she's got those q-bar kicks that means that she is likely to fall down after running for a block or you know maybe some my doll heat pads for like your period just things you know just spitballing you know expand on the brand but i wouldn't mind having those things i think mostly just having like literal phlegm on my body feels like a hard pass. Yeah, it's very much like you're doing a bit.

And it's like, who are you doing the bit for? No one's going to see you in your jammies that have the sick mucus man on them. This is an inside joke for you and your mirror. So, you know, if you want to do it, go for it. Well, just like that, we've checked our temps. Stay safe. Don't be covered in mucus, I guess. And we'll be back after some ads.

Let's wrap up with some headlines. Headlines. An anonymous grand juror in Breonna Taylor's case said the jury wasn't given an opportunity to consider homicide charges against the police officers. The juror wrote yesterday that the panel was only presented with wanton endangerment charges against one of the officers. Grand jury members apparently asked about additional charges, but were told there wouldn't be any because the prosecutors didn't feel that they would stick. This news came after a Kentucky judge ordered grand jury records from the investigation to be released, allowing the juror to speak publicly about the case. This is an unusual ruling made partly so that the public can decide for themselves whether Attorney General Daniel Cameron misrepresented the trial. Cameron previously released 15 hours of audio from

the case proceedings, but it did not include the juror's deliberations or the prosecutor's recommendations. Ireland will be the first country in Europe to reimpose a national shutdown as COVID-19 cases soar across the entire continent. Starting Thursday, the country will enter its highest level of lockdown restrictions for six weeks. So that means bars and restaurants will offer only takeout options and residents must stay within three miles of their home, with exceptions made for things like essential work, medical appointments, and visiting a grave. Spooky, but I might also say beautiful. The number of COVID-19 cases in Ireland has increased by 75% since last month. 150,000 people are expected to lose their jobs in the coming days, but the government announced plans to up its unemployment checks and is asking commercial landlords to give

their tenants a break from rent. The government relief effort is expected to cost over $200 million per week. Nice to see some people benefit from COVID relief packages, even if they live 5,000 miles away. Even the most secretive organ can't stay hidden forever. Scientists in the Netherlands announced the discovery of a new body part last month, two small salivary glands that until now went unnoticed near the base of the human skull. I feel so blessed to be able to say these words. Mama's got a brand new gland. Okay, well, as a species, we've all been sleepwalking through life thinking we have just three sets of salivary glands. Those nightmare days are behind us now

after what could be the first identification of a new organ in almost 300 years. Spit glands aren't anyone's favorite organ, but they have a special role, making it easier for us to speak, eat, fight off infections, and absolutely wail on the sacks. They can be damaged during radiation therapy like the kind one might receive for head or neck cancer. Now that doctors know where the new glands are, they might be able to avoid them during treatment. There's still much to be learned about our newest organs, which have been christened to burial glands by the team that discovered them. Wish they had contacted us before settling on that name, though.

I would have gone with Glando Gleeks or Glandony Glanderson, maybe Glando Calrissian or Glandus Knight in the spits, Marlon Glando, Glandy Moore, Glenda Vines, Glangelina Lugie, you know, Glangela Basspit. Just, I'm spitballing and I feel like

they just really missed out. You know, I think the important thing to remind everybody is that this was discovered in the nether glands. That's just something

to mention to folks when they're hearing this news. In a year of armed militias, we're now seeing paramilitary groups in places we never could have expected, specifically at the home of British soft rocker Phil Collins, which is currently under occupation by his ex-wife, her new husband, and a crew of at least four armed guards that won't let him in.

Court documents recently unearthed by the Miami Herald show that Collins is suing to get back into his $33 million Florida mansion, which he says is, quote, 100% owned by him. Even though they own a different house in Las Vegas, Collins' ex and new husband have been staying in the Florida house for at least two and a half months and have blocked real estate agents from showing it, disabled surveillance cameras, and changed security codes. Wow, wow, wow. This style of conflict resolution is called the Waco method, and it's almost never a good idea. Simply safe, you slept on this one, and myself and Mr. Collins are very upset with you. The takeover occurred in August after Collins' ex allegedly broke up with him via text, and that's a fitting modernized adaptation of a real rumor from 1984 that Collins dumped his second wife via fax.

Wow. You know, the genesis of this story is outstanding. And those are the headlines. One last thing before we go. There are less than two weeks left to get out the vote. Our friends at Vote Save America have made it easier than ever to find remote and in-person volunteer opportunities. And all you have to do is go to VoteSaveAmerica.com slash volunteer. Yeah, you can find everything from

phone banking, to text banking, to staffing voter protection hotlines. So go to votesaveamerica.com slash volunteer to find all the fun ways to get involved between now and election day. That's all for today. If you like the show, make sure you subscribe, leave a review, support our campaign to name something, anything really, Glanthony Glanderson, and tell your friends to listen. And if you're into reading and not just a fax from Bill Collins saying that he wants to break up like me, what if there's also a nightly newsletter?

Check it out and subscribe at crooked.com slash subscribe. I'm Akilah Hughes. I'm Gideon Resnick. And join us on WOD, Miss Stahl. Please. It's about time that 60 minutes became gone in 60 seconds that's right we are driving

away in a fast car honestly a lot a lot a lot was said what a day is a production of crooked media it's recorded and mixed by charlotte landis sonia tun is our assistant producer our head writer is John Milstein and our executive producers are Katie Long, Akilah Hughes, and me. Our theme music is by Colin Gilliard and Kshaka.