When the FTC ended its earlier Google probe, critics said the agency — which secured a handful of concessions from Google on patents and some business practices — had essentially delivered a slap on the wrist to the search giant, which has a heavy lobbying presence in Washington. | Getty Sources: Feds taking second look at Google search

Federal Trade Commission officials are asking questions again about whether Google has abused its dominance in the Internet search market, a sign that the agency may be taking steps to reopen an investigation it closed more than three years ago, according to sources familiar with the discussions.

Senior antitrust officials at the FTC have discussed the matter in recent months with representatives of a major U.S. company that objects to Google's practices, according to sources with the company. While the inquiry appears to be in the early, information-gathering stage, it signals renewed agency interest in the kind of search case it examined — but ultimately closed without charges — in 2013.


When the FTC ended its earlier Google probe, critics said the agency — which secured a handful of concessions from Google on patents and some business practices — had essentially delivered a slap on the wrist to the search giant, which has a heavy lobbying presence in Washington. Since then, the European Commission has charged Google with anti-competitive behavior for allegedly manipulating search results to favor its own shopping services and and using its Android mobile operating system to secure better placement of its apps with smartphone makers.

An FTC spokesperson said in a statement that because agency investigations are non-public, “we do not comment on an investigation or the existence of an investigation.” Google, now part of parent company Alphabet, did not immediately respond to a request for comment.

The FTC has, according to recent media reports, also been meeting with companies concerned about Google's dealings over Android. But a U.S. investigation into so-called search bias would be more sweeping and consequential because it strikes at the heart of Google's core business model.

Critics complain that Google has used its online dominance to treat competitors unfairly — for example, by pushing search results for competing products off its homepage or siphoning valuable content from third-party sources without express permission. The practices, according to critics, undermine the widespread view that Google acts as a neutral gateway to information on the Internet.

The FTC's discussions with the major U.S. company have centered on the nuts-and-bolts of how Google's search products behave today and any possible anti-competitive effects, according to the company sources. The discussions were initiated at the company’s request.

Where the agency goes from here is unclear. FTC staff regularly examine issues they ultimately don't pursue. Requests from staff to conduct full investigations are typically approved by a majority of the FTC's commissioners in a closed-door session.

Still, the inquiries could indicate the start of a second pass at a case that the commission voted 5-0 to close in 2013. At the time, the FTC's then-chairman Jon Leibowitz said, "Google’s primary reason for changing the look and feel of its search results to highlight its own products was to improve the user experience." Google's chief legal officer David Drummond said, “The conclusion is clear: Google’s services are good for users and good for competition.”

The Wall Street Journal later reported last year that FTC staff had recommended bringing a lawsuit against some Google practices. The article prompted now-Chairwoman Edith Ramirez and Commissioners Julie Brill and Maureen Ohlhausen to defend their actions in a joint statement, saying that after a “comprehensive review of the voluminous record and extensive internal analysis," the five FTC members at the time "agreed that there was no legal basis for action" on search. The commissioners added that "Contrary to recent press reports, the Commission’s decision on the search allegations was in accord with the recommendations" of agency staff.

As the EU has mounted a more aggressive probe of Google, some voices in the U.S. have been pressing the FTC to look again at the search issue.

In June, former FTC senior advisor and Columbia Law School professor Tim Wu — who, after returning to academia after his FTC stint, publicly supported the agency's decision to end its investigation of Google without charges — co-authored a study, sponsored by frequent Google critic Yelp, that concluded Google is "reducing consumer welfare" through some of its search practices.

And at a Senate antitrust hearing last month, Richard Blumenthal (D-Conn.) floated the possibility of the FTC re-opening its search investigation. “While the company is a great American success story, their position in the marketplace has led to legitimate questions about whether they have used their market power to disadvantage competitors unfairly and ultimately limit consumer choice," Blumenthal said in a statement.

Due to the departures of two commissioners — Brill, a Democrat, and Joshua Wright, a Republican — the agency is now down to three members, including Democrats Ramirez and Terrell McSweeny and Republican Ohlhausen.

Last year, the FTC created an Office of Technology Research and Innovation designed to give the commission the ability to quickly and effectively conduct tech-centric investigations.