July 2017

FTC Accepts Proposed Consent Order in Broadcom Limited’s $5.9 Billion Acquisition of Brocade Communications Systems, Inc.

Semiconductor manufacturer Broadcom Limited has agreed to establish a firewall to remedy the Federal Trade Commission’s concerns that its proposed $5.9 billion acquisition of Brocade Communications Systems, Inc. is anticompetitive. These concerns arise because of Broadcom’s current access to the confidential business information of Brocade’s major competitor, Cisco Systems, Inc., that could be used to restrain competition or slow innovation in the worldwide market for fibre channel switches.

Fibre channel switches are part of storage area networks that transfer data between servers and storage arrays in data centers. Because fibre channel switches can quickly and securely transfer large amounts of data, they are often used for mission-critical applications. According to the complaint, San Jose (CA)-based Broadcom makes the fibre channel application specific integrated circuits, or ASICs, that are custom-tailored to carry out the functions of each switch. Brocade and Cisco are the only two competitors in the worldwide market for fibre channel switches, and Broadcom supplies both companies with ASICs to make fibre channel switches. The complaint alleges that Broadcom’s acquisition of Brocade could harm worldwide competition in the fibre channel switch market because as Cisco’s supplier, Broadcom has extensive access to Cisco’s competitively sensitive confidential information.

To tackle Google’s power, regulators have to go after its ownership of data

[Commentary] The problem with regulating technology companies is that, faced with tough new rules, they can eventually innovate their way out, often by switching to newer, unregulated technologies. The risk of targeted regulation informed by little other than economic doctrines might even be fuelling a corporate quest for eternal disruption: instead of surrendering to the regulators, technology firms prefer to abandon their old business model. It’s through this lens that we should interpret the likely fallout from the €2.4bn fine imposed on Alphabet, Google’s parent company, by the European commission. It arrives after a lengthy, seven-year investigation into whether the company abused its dominance to promote its own online shopping service above search results. The commission’s case seems sound; the sad fate of small online retailers, unable to compete with Alphabet over the past decade, suggests as much.

However, one should not mistake the factual correctness of the commission’s case for an informed strategic vision: if it has a clue about effective ways to limit the power of data platforms, it’s not showing it. The reality is that even though advertising-powered search still accounts for the bulk of Alphabet’s earnings, the company’s real focus these days is on finding lucrative and creative uses for the troves of data that it has already extracted, processed and turned into artificial intelligence. Alphabet’s future revolves around information-intensive services, not around running matchmaking platforms for advertising.

[Evgeny Morozov is a visiting scholar at Stanford University and a Schwartz fellow at the New America Foundation.]