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I'm not sure on what grounds any competitor would sue Overture. What were your thoughts on the basis for a lawsuit?
.. I think.
Is that what you're getting it?
Right now to two titans on the block are clearly Google (Search) and Overture (PPC exposure).
(Note: I have -0- facts to backup my claims of Overture PPC getting more exposure it's just an educated guess -- I'll happily stand corrected if appropriate)
Each now has a offering in the others core stregnth, Google AdWords and Overture Search (See AV and FAST).
On a company-wide basis you can't call either a monopoly.
On a horizontal basis you can argue Google has the monopoly on search, obtained quite legally and ethically via best-of-breed quality etc...
Overture has the larger market share of PPC because, presumably, you can 'get away with more' on Overture (popups for example) and I belive Overture gives larger chunks to it's partners.
If you want to argue either is attempting to create a monopoly (illegally) you would have to have evidence of monopolictic tactics, pressure, etc. I just don't see Google strongarming companies, nor Overture.
Note that it is completely legal in the US to have a monopoly, but it is illegal to ACT as a monopoly. If Google were the only search engine and it acted ethically and in the same manner it does now it would have nothing to worry about. If, however, it attempted to override PR values, or de-list potential competitors (not that it is/has) then and only then would it run afoul of the law.
(Note IANAL, your mileage may vary)
FAST and AV still repesented, even combined, a trivial percentage of 'pure search' in comparison to Google (which has some market share in the neighborhood of 80%).
If by 'search' you include PPC -- then I'm not entirely certain, but I belive that Overture has the larger potential exposure. (But I'm not entirely sure)
Lies, Damn Lies, Statistics and Studies
You can make your top 15 my company, at which Overture will 'seem' larger... or my personal favorite, because it'll make this message short:
In the number one spot, without question is Google with ~75-80% market share. You can take the other 20-25% and devide it along the other 14 and unless you want to make the argument that Goolge is the monopoly it just won't fly.
You can argue that the SEO is becoming obsolete because of Overture.
Well, I might agree that SEO is becoming obsolete because of PPC (not because of Overture)...but what does that have to do with Overture being a monopoly?
I'm sorry...I'm just really not sure what your argument is, particularly in light of the fact that Google is a fierce competitor to OV in the PPC market, and top webmasters on this board are discussing how a PPC campaign based on Google alone can be successful.
Of course, it is Mardi Gras in New Orleans...maybe I'm just missing something :)