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An Introduction to Competition Concerns in the Google Books Settlement

16 Pages Posted: 3 Mar 2010  

Rudolph J.R. Peritz

New York Law School

Marc Miller

New York Law School

Abstract

Google started its Google Books project in 2004 with the intent to create a digital library of the world’s books. There has not been such a grand plan since students of Aristotle began to gather the world’s knowledge in the Library of Alexandria some 24 centuries ago. The world’s knowledge has changed. And so has its political economy. Twenty-first century public policy questions have been interjected to delay and reshape Google’s project, questions that did not concern the royal sponsors of the ancient Library. This review takes up questions of competition policy raised in the United States, the corporate site for Google’s virtual Library of Alexandria.

After presenting the factual background to the Google Books project and the procedural history of the current class-action lawsuit, we examine two clusters of competition issues concerning the Google Books project: First, whether a class action settlement in litigation between private parties is an appropriate vehicle for making public policy. Second, whether Google’s actions are on balance anticompetitive under U.S. antitrust laws. Antitrust concerns are given the lion’s share of attention.

Keywords: Google, class action, antitrust, intellectual property, copyright

Suggested Citation

Peritz, Rudolph J.R. and Miller, Marc, An Introduction to Competition Concerns in the Google Books Settlement. NYLS Legal Studies Research Paper No. 0/10 #23. Available at SSRN: https://ssrn.com/abstract=1564363 or http://dx.doi.org/10.2139/ssrn.1564363

Rudolph J.R. Peritz (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

Marc Miller

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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