3 ms·
Establishing the use of the word "market" in an email is not the end goal. The end goal is establishing the violation of US antitrust laws by, e.g. buying out t
by cormacrelf 5y ago
Establishing the use of the word "market" in an email is not the end goal. The end goal is establishing the violation of US antitrust laws by, e.g. buying out the competition and taking actions that unreasonably restrict trade (generally in your competitors' goods/services).
But there are two ways to hold a company to account. One is a civil mechanism, producing civil penalties and consent decrees (or damages, maybe?). The other is by the prosecution of a criminal offence. Enforcement via the latter is harder to do. It requires showing the actions were done intentionally, just like every criminal prosecution. It also has a very high standard of proof. Using the word "crushing the competition" in the context of buying competitors or engineering them out of the first page of search results is evidence of that. Google doesn't want exposure to criminal liability. It is undoubtedly harder to prove they did this stuff intentionally if they deliberately refrain from talking about it and do it in winks and nods.
I don't know what you're referring to by "try to be clever or cute" but using these language guidelines to decode discovered materials and show a criminal intent to do things that constitute criminal violations of antitrust law is not cute, and neither is relying on the absence of directly incriminating language to absolve yourself.