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Robert McGarvey

US DoJ's on a Collision Course With Google

Written by Robert McGarvey
1/19/2011 8 comments
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With Google (Nasdaq: GOOG) about to face off against the US Dept of Justice over its planned acquisition of travel software developer ITA Software for $700 million, know that the fight may be high stakes, but the loser in this battle royal could be you.

You probably don’t know about ITA, but you’ve already see its handiwork -- Kayak, Orbitz, and Microsoft Corp. (Nasdaq: MSFT)'s Bing are three players that depend on ITA, which is widely viewed as having one of the industry’s best set of tools for gathering airfare and flight data. And Microsoft, Expedia, Kayak, and a few other travel heavyweights recently banded together to form FairSearch.org to lobby against the Google acquisition.

But, frankly, nobody saw serious US Department of Justice opposition until late last week when both The Washington Post and Bloomberg posted articles suggesting the acquisition is in “trouble,” that the DoJ could “ground” the deal.

And that left many observers scratching their heads. “I am very surprised to hear about DoJ’s opposition,” said Jeffrey Breen, president of airline consultancy Cambridge Aviation Research.

Historically, it is uncommon for the DoJ to seek to block an acquisition where two companies are in different businesses; and Google has no footprint in airfare data.

And there are other reasons the DoJ opposition is puzzling.

Google, notes Robert Cole, founder of travel technology consulting firm RockCheetah, has insisted it has no interest -- zero -- in using ITA’s databases of air routes and fares to put itself into the travel booking business. “I take them at their word on this,” says Cole. Online travel booking, à la Expedia, is labor intensive; and Google has never shown any appetite for entering such businesses.

Google has also said it has no interest in taking ITA data private. Indeed, what it apparently wants to do is use ITA results to power more transparent searches into airfares -- and this could be a boon to us all.

A reality: The current online booking systems for airfares are extraordinarily inefficient, Cole contends. ”The typical leisure traveler searches 22 sites across 10 sessions when planning a trip.”

Google’s entry just might produce easier, faster bookings. So seeking to block the ITA acquisition seems against the interests of travelers.

Even worse, the current system is showing signs of disintegration. The big airlines are beginning to attack the leading online travel agencies. The main brawl pits American Airlines against Orbitz and Sabre. American has pulled its flight data from Orbitz, and Expedia has pulled American data in a show of solidarity. Sabre, a travel data supplier mainly serving travel agents, in turn declared it would downgrade American data, making those flights less visible. American fired back with a lawsuit.

What does American want? It definitely wants out of fees paid to third-party agencies, but this brawling is pushing the current system nearer to blowup.

Bottom line: To call the present system broken is to be kind. Airlines despise it, consumers find it clunky, and almost nobody thinks it cannot be done better. Why DoJ would apparently want to preserve it is a puzzlement.

And that is also why the Google-ITA merger is in the interest of just about all of us. Google’s entry might produce a smoother stream of flight data; already there are signs the airlines are smiling on ITA. American, for instance, last week inked a deal with ITA whereby the software house will produce new tools for American to manage its flight data.

Is there no way out of the Google/DoJ collision? Brooklyn Law School professor Jonathan Askin believes there is: “Extracting a few publicly beneficial commitments from Google for approval for the ITA Software acquisition is probably a sufficient alternative to outright blocking of the merger.”

The DoJ might extract guarantees of continuing access to ITA data for the online travel agencies such as Expedia. Experts say that should be easy to get Google to commit to, because these companies pay ITA for its data and are the primary source of ITA cashflow.

What’s not to like about that?

The skies just might be a little friendlier -- and a lot easier to navigate -- with Google offering us all large doses of ITA data for trip planning.

— Robert McGarvey is a widely published author and expert on social media.

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RamonAntonio
Rank: Web master
Wednesday January 19, 2011 7:50:00 PM
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Well Robert, I am a little suspicious on this one. Last time I checked, I mean, the public got a view of the kind of technology really used in government, we became informed that the White House operations under President Bush were running on Windows Me. That is, the few who actually had a connected computer in their desks. And that was two years since...

Now we are told that DoJ's is in a collision course with Google. With what?

  • Are prosecutors going to argue with Google via subpoenas? 
  • Are the prosecutors going to try to ''exhaust'' Google with an unprecedented request of data and information requested to be provided printed and delivered to the Marshal in court room? 
  • Will the DoJ's have to hire legal assistants by the thousands so someone may actually read the data, or contract a bigger firm than ''Blackwater'' just to try to cope with the allegations and responses?
  • Which court is versed, and I mean no disrespect, to really attend this case?

I am obliged to think that presently, the government does not have the capability to really face Google seriously aside from the fact that they can spend years and millions just exchanging allegations making all lawyers involved richer and giving reason for th Doj's to request better equipment and talent. Aside from this, I don't think there is a risk of collision.

Maybe a poke... I may be wrong

JC Cameron
IQ Crew
Wednesday January 19, 2011 5:20:12 PM
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I agree.  If they have the data and then present their best recommendations as the first listings in a search, then they have a huge impact on which tickets and airlines millions of users will buy.  That's exceptionally valuable and a huge threat to travel agents.

Robert McGarvey
Thinkernetter
Wednesday January 19, 2011 4:18:34 PM
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Personally, I think Google *could* be a threat to the OTAs, but I don't see it going there.  There's probably more profit in selling data to OTAs than there is in selling tix to Internt users

cvargas
Thinkernetter
Wednesday January 19, 2011 3:57:17 PM
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While I think Google has plenty of business entities that it has purchased and incorporated into its own realm and uses, this would in fact be one that I would seriously like to see happen.  Even if Google did manage to start its own portal of online airfare & ticketing system, I am certain that it would be better than what is currently in use.

I'm not declaring that Google is the cure-all for everything, but their ability to optimize information cannot be objected.  And this is one industry that seriously needs some better data management.

mnt.code
IQ Crew
Wednesday January 19, 2011 3:20:52 PM
no ratings

The 'highly efficient and useful'  is the key. Who relishes the 10 on-line sessions and 22 sites to go on vacation? If Google does it better, which the on-line search sites fear, they will take eyeballs, and advertising revenue, from them. It's called healthy competition. I'm all for that.

Root Maniac
IQ Crew
Wednesday January 19, 2011 1:13:40 PM
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...if Google can come up with a highly efficient and useful travel search and booking portal, it may prove to be a serious threat for well-established online travel agents such as Orbitz and Expedia.

True, but Orbitz and Expedia aren't really "travel agents," they're just search aggregators. If Google can work their magic on airplane scheduling, there wouldn't be anything stopping human travel agents from using Google's service to schedule flights for their clients, would there?

Michael P. Kassner
Thinkernetter
Wednesday January 19, 2011 11:02:24 AM
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Is the airline data that may become available to Google different from what it has already? If so, I see that as the reason Google wants it. It will refine their data-mining techniques and allow their algorithms to check more and different factors, ultimately increasing accuracy. 

taimur_tz
Thinkernetter
Wednesday January 19, 2011 10:29:24 AM
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Even if Google promises to provide ITA data to travel agencies, I think the travel agencies would still oppose the acquisition of ITA. The reason is that Google has a well established search engine algorithm which can provide more useful results to users. Using the ITA database, if Google can come up with a highly efficient and useful travel search and booking portal, it may prove to be a serious threat for well-established online travel agents such as Orbitz and Expedia.

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