DOCSLIB.ORG

Complaint Counsel's Post-Trial Reply Brief

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Complaint Counsel's Post-Trial Reply Brief PUBLIC UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION 09 17 2018 OFFICE OF ADMINISTRATIVE LAW JUDGES 592216 In the Matter of Tronox Limited a corporation, National Industrialization Company PUBLIC (TASNEE) a corporation, Docket No. 9377 National Titanium Dioxide Company Limited (Cristal) a corporation, and Cristal USA Inc. a corporation. COMPLAINT COUNSEL’S POST-TRIAL REPLY BRIEF PUBLIC TABLE OF CONTENTS INTRODUCTION.................................................................................................................................................. 1 ARGUMENT ....................................................................................................................................................... 3 I. RESPONDENT’S “BACKGROUND” SECTION IS MISLEADING ............................................................................................ 3 II. COMPLAINT COUNSEL’S EVIDENCE IS BOTH COMPLETE AND RELIABLE .......................................................................... 10 A. Complaint Counsel’s Case is Based on Voluminous Evidence from A Variety of Sources ........................ 11 B. Dr. Malichky’s Testimony is Credible, Consistent With the Weight of the Evidence, and Should Be Given Significant Weight .............................................................................................................................................. 13 C. Dr. Hill’s Analysis and Testimony are Reliable .......................................................................................... 17 1. Dr. Hill’s Market Definition Analysis Follows the Merger Guidelines ................................................................... 19 2. The Capacity Closure Model is Reliable ................................................................................................................ 21 III. COMPLAINT COUNSEL PROVED THE SALE OF CHLORIDE TIO2 TO NORTH AMERICAN CUSTOMERS IS A RELEVANT MARKET ..... 27 A. North America is a Relevant Geographic Market ..................................................................................... 27 1. The Existence of Trade Flows Does Not Undermine a North American Market ................................................... 30 2. Respondents Reliance on Correlation and Cointegration Does Not Address Market Definition .......................... 33 3. Respondents’ Attack on Complaint Counsel’s Hypothetical Monopolist Test is Erroneous ................................. 37 B. The Relevant Product Market Is Chloride TiO2 ........................................................................................ 38 C. The Proposed Acquisition is Presumptively Unlawful Because it Would Substantially Increase Concentration in the Relevant Market .............................................................................................................. 47 IV. EVIDENCE OF LIKELY HARM BOLSTERS THE PRESUMPTION .......................................................................................... 50 A. Real‐World Evidence and Fundamental Economic Principles Both Confirm That the Merger is Likely to Result in Output Withholding ............................................................................................................................ 50 1. Respondents’ Attacks on the Capacity Closure Model Are Unavailing ................................................................. 52 2. Respondents Have Unilaterally Reduced Output To Increase Prices .................................................................... 56 B. Complaint Counsel Has Shown that the Acquisition Would Increase the Likelihood of Coordination in an Already Vulnerable Market ................................................................................................................................ 58 1. The Market for North American Sales of Chloride TiO2 Is Vulnerable to Coordination and Operates as an Interdependent Oligopoly ............................................................................................................................................... 60 2. This Is Precisely the Type of Merger That the Clayton Act is Intended to Address .............................................. 66 3. The Acquisition Will Increase the Likelihood of Coordination .............................................................................. 70 V. RESPONDENTS DID NOT REBUT THE STRONG PRESUMPTION OF ILLEGALITY ............................................... 71 A. Entry and Expansion by Chinese TiO2 Producers Would Not Be Timely, Likely, and Sufficient ............... 72 B. Respondents’ Efficiencies Claims Do Not Rebut the Presumption of Harm ............................................. 79 1. Respondents Have Not Demonstrated that Vertical Integration Will Result in Cognizable Efficiencies .............. 81 2. Respondents’ Output‐Enhancing Synergy Claims Are Not Cognizable ................................................................. 82 3. Respondents’ Cost Saving Synergy Claims Are Not Cognizable ............................................................................ 84 4. KPMG’s Diligence Does Not Demonstrate Verifiable Efficiencies under the Merger Guidelines ......................... 85 5. Dr. Zmijewski’s Expertise and Experience in Applying the Guidelines’ Efficiencies Criteria Are Well‐Suited to Analyzing Respondents’ Claims ....................................................................................................................................... 86 CONCLUSION .................................................................................................................................................... 87 i PUBLIC TABLE OF AUTHORITIES Cases Brown Shoe Co. v. United States, 370 U.S. 294 (1962) ......................................................... 27, 67 Chicago Bridge & Iron Co. v. FTC, 534 F.3d 410 (5th Cir. 2008) .............................................. 66 FTC v. Advocate Health Care Network, 841 F.3d 460 (7th Cir. 2016)……………………….....30 FTC v. Cardinal Health, Inc., 12 F. Supp. 2d 34 (D.D.C. 1998) ................................................. 27 FTC v. CCC Holdings Inc., 605 F. Supp. 2d 26 (D.D.C. 2009) ............................................. 27, 60 FTC v. Elders Grain, Inc., 868 F.2d 901 (7th Cir. 1989) ............................................................. 63 FTC v. H.J. Heinz, 246 F.3d 708 (D.C. Cir. 2001) ................................................................ passim FTC v. Penn State Hershey Med. Ctr., 838 F.3d 327 (3d Cir. 2016) ............................... 35, 80, 87 FTC v. Staples, Inc., 190 F. Supp. 3d 100 (D.D.C. 2016) ...................................................... passim FTC v. Staples, Inc., 970 F. Supp. 1066 (D.D.C. 1997) ............................................................... 87 FTC v. Sysco Corp., 113 F. Supp. 3d 1 (D.D.C. 2015) ............................................... 14, 36, 43, 59 FTC v. Tronox, Case No. 1:18-cv-01622 (TNM) (D.D.C. Sept. 5, 2018) ............................. passim FTC v. Wilh. Wilhelmsen Holding ASA, Civ. A No. 1:18-cv-00414-TSC (D.D.C. July 21, 2018) .................................................................................................. 37, 38, 79 In re High Fructose Corn Syrup Litig., 295 F.3d 651 (7th Cir. 2002) ......................................... 64 In re Polypore Int’l, Inc., 150 FTC 586 (2010) ...................................................................... 28, 30 In re Titanium Dioxide Antitrust Litig., 959 F. Supp. 2d 799 (D. Md. 2013) ........................ passim Polypore Int'l, Inc. v. FTC, 686 F.3d 1208 (11th Cir. 2012) ........................................................ 28 United States v. Aetna Inc., 240 F. Supp. 3d 1 (D.D.C. 2017) .................................................... 59 United States v. Abitibi Consolidated, Inc., 584 F. Supp. 2d 162 (D.D.C. 2008) ....................... 22 United States. v. BazaarVoice, Inc., No. 13-00133 2014 WL 203966 (N.D. Cal. Jan. 8, 2014)…..………………………………………………….19, 47, 79 United States v. Citizens & S. Nat’l Bank, 422 U.S. 86 (1975) .................................................... 72 United States v. General Dynamics Corp., 415 U.S. 486 (1974) ................................................. 60 United States v. H&R Block, 833 F. Supp. 2d 36 (D.D.C. 2011) ..................................... 60, 80, 87 United States v. Oracle Corp., 331 F. Supp. 2d 1098 (N.D. Cal. 2004) ....................................... 59 Valspar Corp. v. E. I. Du Pont De Nemours & Co., 152 F. Supp. 3d 234 (D. Del. 2016) ..... 61, 68 Valspar Corp. v. E. I. Du Pont De Nemours & Co., 873 F.3d 185 (3d Cir. 2017) ................ passim ii PUBLIC Statutes and Regulations Clayton Act § 7, 15 U.S.C. § 18 ................................................................................. 66, 67, 72, 87 Federal Trade Commission Act § 5, 15 U.S.C. § 45 .................................................................... 88 Sherman Act, 15 U.S.C. § 1 ........................................................................................ 67, 68, 69, 72 Other Authorities Herbert Hovenkamp, Prophylactic Merger Policy, HASTINGS L.J. (2018) .......................... passim Jonathan Baker, “Why Price Correlations Do Not Define Antitrust Markets: On Econometric Algorithms for Market Definition,” FTC Bureau of Economics Working Paper No. 149 (Jan. 1987)................................................................................................................................. 34 Patrick Coe &
Load more

Recommended publications
  • HW&Co. Landscape Industry Reader Template
    TECHNOLOGY, MEDIA, & TELECOM QUARTERLY SOFTWARE SECTOR REVIEW │ 3Q 2016 www.harriswilliams.com Investment banking services are provided by Harris Williams LLC, a registered broker-dealer and member of FINRA and SIPC, and Harris Williams & Co. Ltd, which is authorised and regulated by the Financial Conduct Authority. Harris Williams & Co. is a trade name under which Harris Williams LLC and Harris Williams & Co. Ltd conduct business. TECHNOLOGY, MEDIA, & TELECOM QUARTERLY SOFTWARE SECTOR REVIEW │ 3Q 2016 HARRIS WILLIAMS & CO. OVERVIEW HARRIS WILLIAMS & CO. (HW&CO.) GLOBAL ADVISORY PLATFORM CONTENTS . DEAL SPOTLIGHT . M&A TRANSACTIONS – 2Q 2016 KEY FACTS . SOFTWARE M&A ACTIVITY . 25 year history with over 120 . SOFTWARE SECTOR OVERVIEWS closed transactions in the . SOFTWARE PRIVATE PLACEMENTS last 24 months OVERVIEW . SOFTWARE PUBLIC COMPARABLES . Approximately 250 OVERVIEW professionals across seven . TECHNOLOGY IPO OVERVIEW offices in the U.S. and . DEBT MARKET OVERVIEW Europe . APPENDIX: PUBLIC COMPARABLES DETAIL . Strategic relationships in India and China HW&Co. Office TMT CONTACTS Network Office UNITED STATES . 10 industry groups Jeff Bistrong Managing Director HW&CO. TECHNOLOGY, MEDIA & TELECOM (TMT) GROUP FOCUS AREAS [email protected] Sam Hendler SOFTWARE / SAAS INTERNET & DIGITAL MEDIA Managing Director [email protected] . Enterprise Software . IT and Tech-enabled . AdTech and Marketing . Digital Media and Content Services Solutions Mike Wilkins . Data and Analytics . eCommerce Managing Director . Infrastructure and . Data Center and . Consumer Internet . Mobile [email protected] Managed Services Security Software EUROPE Thierry Monjauze TMT VERTICAL FOCUS AREAS Managing Director [email protected] . Education . Fintech . Manufacturing . Public Sector and Non-Profit . Energy, Power, and . Healthcare IT . Professional Services . Supply Chain, Transportation, TO SUBSCRIBE PLEASE EMAIL: Infrastructure and Logistics *[email protected] SELECT RECENT HW&CO.
    [Show full text]
  • Understanding the Value of Arts & Culture | the AHRC Cultural Value
    Understanding the value of arts & culture The AHRC Cultural Value Project Geoffrey Crossick & Patrycja Kaszynska 2 Understanding the value of arts & culture The AHRC Cultural Value Project Geoffrey Crossick & Patrycja Kaszynska THE AHRC CULTURAL VALUE PROJECT CONTENTS Foreword 3 4. The engaged citizen: civic agency 58 & civic engagement Executive summary 6 Preconditions for political engagement 59 Civic space and civic engagement: three case studies 61 Part 1 Introduction Creative challenge: cultural industries, digging 63 and climate change 1. Rethinking the terms of the cultural 12 Culture, conflict and post-conflict: 66 value debate a double-edged sword? The Cultural Value Project 12 Culture and art: a brief intellectual history 14 5. Communities, Regeneration and Space 71 Cultural policy and the many lives of cultural value 16 Place, identity and public art 71 Beyond dichotomies: the view from 19 Urban regeneration 74 Cultural Value Project awards Creative places, creative quarters 77 Prioritising experience and methodological diversity 21 Community arts 81 Coda: arts, culture and rural communities 83 2. Cross-cutting themes 25 Modes of cultural engagement 25 6. Economy: impact, innovation and ecology 86 Arts and culture in an unequal society 29 The economic benefits of what? 87 Digital transformations 34 Ways of counting 89 Wellbeing and capabilities 37 Agglomeration and attractiveness 91 The innovation economy 92 Part 2 Components of Cultural Value Ecologies of culture 95 3. The reflective individual 42 7. Health, ageing and wellbeing 100 Cultural engagement and the self 43 Therapeutic, clinical and environmental 101 Case study: arts, culture and the criminal 47 interventions justice system Community-based arts and health 104 Cultural engagement and the other 49 Longer-term health benefits and subjective 106 Case study: professional and informal carers 51 wellbeing Culture and international influence 54 Ageing and dementia 108 Two cultures? 110 8.
    [Show full text]
  • Next-Gen Technology Transformation in Financial Services
    April 2020 Next-gen Technology transformation in Financial Services Introduction Financial Services technology is currently in the midst of a profound transformation, as CIOs and their teams prepare to embrace the next major phase of digital transformation. The challenge they face is significant: in a competitive environment of rising cost pressures, where rapid action and response is imperative, financial institutions must modernize their technology function to support expanded digitization of both the front and back ends of their businesses. Furthermore, the current COVID-19 situation is putting immense pressure on technology capabilities (e.g., remote working, new cyber-security threats) and requires CIOs to anticipate and prepare for the “next normal” (e.g., accelerated shift to digital channels). Most major financial institutions are well aware of the imperative for action and have embarked on the necessary transformation. However, it is early days—based on our experience, most are only at the beginning of their journey. And in addition to the pressures mentioned above, many are facing challenges in terms of funding, complexity, and talent availability. This collection of articles—gathered from our recent publishing on the theme of financial services technology—is intended to serve as a roadmap for executives tasked with ramping up technology innovation, increasing tech productivity, and modernizing their platforms. The articles are organized into three major themes: 1. Reimagine the role of technology to be a business and innovation partner 2. Reinvent technology delivery to drive a step change in productivity and speed 3. Future-proof the foundation by building flexible and secure platforms The pace of change in financial services technology—as with technology more broadly—leaves very little time for leaders to respond.
    [Show full text]
  • Google Cloud Issue Summary Multiple Products - 2020-08-19 All Dates/Times Relative to US/Pacific
    Google Cloud Issue Summary Multiple Products - 2020-08-19 All dates/times relative to US/Pacific Starting on August 19, 2020, from 20:55 to 03:30, multiple G Suite and Google Cloud Platform products experienced errors, unavailability, and delivery delays. Most of these issues involved creating, uploading, copying, or delivering content. The total incident duration was 6 hours and 35 minutes, though the impact period differed between products, and impact was mitigated earlier for most users and services. We understand that this issue has impacted our valued customers and users, and we apologize to those who were affected. DETAILED DESCRIPTION OF IMPACT Starting on August 19, 2020, from 20:55 to 03:30, Google Cloud services exhibited the following issues: ● Gmail: The Gmail service was unavailable for some users, and email delivery was delayed. About ​ 0.73% of Gmail users (both consumer and G Suite) active within the preceding seven days experienced 3 or more availability errors during the outage period. G Suite customers accounted for 27% of affected Gmail users. Additionally, some users experienced errors when adding attachments to messages. Impact on Gmail was mitigated by 03:30, and all messages delayed by this incident have been delivered. ● Drive: Some Google Drive users experienced errors and elevated latency. Approximately 1.5% of Drive ​ users (both consumer and G Suite) active within the preceding 24 hours experienced 3 or more errors during the outage period. ● Docs and Editors: Some Google Docs users experienced issues with image creation actions (for ​ example, uploading an image, copying a document with an image, or using a template with images).
    [Show full text]
  • The Role of Business in Disaster Response a Business Civic Leadership Report BCLC Is an Affilliate of the U.S
    The Role of Business in Disaster Response A Business Civic Leadership Report BCLC is an affilliate of the U.S. Chamber of Commerce. The Role of Business in Disaster Response Introduction Information Technology S 2 Business Civic Leadership Center 30 Cisco Corporate Expertise in Disasters Using Expert Networking Knowledge to Assist T Communities in Crisis Resilience 32 IBM Preparedness Beyond Search & Rescue: Improving Disaster Zone’s Long-Term Prospects 6 Office Depot Talking About Preparedness: EN 34 Google Leave No Stone Unturned Google’s Crisis Response Initiative 8 Citi T 36 Microsoft Natural Disaster Financial Management: Increasing Information and Technology Capacity It’s All About Precrisis Preparation in Times of Disaster 10 Shell A Strategic Approach to Response and Recovery Insurance 40 Allstate A Promise to Our Communities Is Our Business Public-Private Partnership CON 14 Maryland Emergency Management Agency Infrastructure F Maryland Businesses Get Their Stake in 44 Degenkolb Engineers Emergency Response Degenkolb’s 70-Year Tradition of Earthquake Chasing Lessons Learned 16 Walmart Public-Private Collaboration: Six Years 46 Proteus On-Demand After Hurricane Katrina Learn From the Past, Be Involved in the Future E O 48 Project Jomo Storm of Ideas Logistics L 20 UPS We Love the Logistics of Disaster Response Debris Removal 22 FedEx 52 Caterpillar Logistics Support During Disasters: Changing Lives Through Sustainable Progress Another Day at the Office 54 Ceres Environmental TAB Helping Jefferson County Recover Food 26 Cargill An Unprecedented Crisis in the Horn of Africa Prompts an Extraordinary Response From Cargill bclc.uschamber.com 2012 • 1 INTRODUCTION Corporate Expertise in Disasters By Stephen Jordan and Gerald McSwiggan, U.S.
    [Show full text]
  • 14 Months to Turn $2M Into $4M with Your Help CONTENTS
    MAGAZINE WINTER 2015 We have 14 months to turn $2M into $4M with your help CONTENTS Dean David Saunders welcomes alumni, faculty and staff to the annual Homecoming Brunch in Goodes Hall in October. ii MAGAZINE WINTERWINTER 2015 FEATURES 8 A NEW WAVE — Introducing seven new faculty members. 15 START-UPS SNAPSHOT — Alumni-led new ventures produce a treadmill desk, provide a novel income tax- preparation service and revolutionize colour 3-D printing. 18 VIVE LA RÉSISTANCE, TO CHANGE — Peter Lawton, BCom’74, uncovers a dark chapter in Parisian history. 20 BE A MATCHMAKER — Introducing a $2M gift-matching program that’s on a fixed deadline. PROFILES 22 UP AND AWAY — Inside Google’s Project Loon (“Balloon-Powered Internet for Everyone”) with Doug Wightman, BCom’04, PhD’13-Computer Science. 26 A SEAT AT THE TABLE — Brenda Trenowden, BCom’89, a 25-year international banking veteran, champions increasing the number of women on corporate boards. DEPARTMENTS 2 From the Dean 3 Inside Goodes 29 Alumni Notes 37 Alumni News MAGAZINE Queen’s School of Business’S MAGAZINE FOR ALUMNI & FRIENDS MANAGING EDITOR CONTRIBUTORS Shelley Pleiter Claire Bouvier [email protected] Yadira Gonzalez CONTRIBUTING EDITOR Andrea Gunn Amber Wallace, QSB Director of Kari Knowles Communications & External Relations Peter Lawton Tanya Ligthart DESIGN Alan Morantz ReVue Design & Communications Andrea Strike Published three times a year by Queen’s School of Business Kingston, Ontario, Canada K7L 3N6 Tel 613.533.3118 Fax 613.533.6978 Email [email protected] Web www.qsb.ca © Copyright 2015, Queen’s University Volume 55, Winter 2015 ISSN 0714798 Available by subscription and online at www.qsb.ca/magazine amont L uzy S FROM THE DEAN QSB ADVISORY Board MEMBERS Steven Albiani, BCom’03, Managing Partner, Stratum Advisory Group Inc.
    [Show full text]
  • Statement of the Alphabet Workers Union on “The Misinformation And
    Statement of the Alphabet Workers Union On “the Misinformation and Disinformation Plaguing Online Platforms” Before the House Energy and Commerce Committee March 25, 2021 March 25, 2021 Workers across Alphabet have previously organized against the company's continued refusal to take meaningful action to stop the proliferation of hate, harassment, incitement of violence, or harmful misinformation from YouTube and other Alphabet-operated platforms, without good faith engagement from leadership. Alphabet is responsible for directly contributing to harmful misinformation campaigns that fuel fascist, white nationalist and hateful movements that perpetrate violence in the United States and around the world. While much attention has been paid to YouTube and other online platforms’ role in radicalizing white supremacists, this hearing is also an opportunity to illuminate how these technologies contribute to dangerous disinformation movements including QAnon, “Patriot” militias, and anti-vaccine advocacy. (1), (2). Alphabet has demonstrated a continued policy of reactive, selective and insufficient enforcement of its guidelines against disinformation and hate. As a union that fights for, and welcomes the contributions of, every worker in Alphabet, we find it abhorrent that systems to which we have dedicated our work continue to profit from the hate and disinformation that harms so many of these same workers. (3), (4), (5), (6), (7), (8). Online misinformation can have real and dire consequences offline, ranging from targeted violence to vaccine hesitancy. Misinformation on Alphabet products facilitates the proliferation of hate-filled conspiracy theories, like QAnon, which has repeatedly lead to incidents of targeted violence and been deemed a domestic terror threat by the FBI. Beyond physical violence, the spread of conspiracy theories and misinformation online contributes to diffuse harms that affect those across the US and abroad, such as public health violations, lower vaccination rates, and decreased democratic participation.
    [Show full text]
  • Controller to Processor Model Clauses
    Controller To Processor Model Clauses burkaNowadays jumblingly methodical, and perv Wheeler so door-to-door! penalise silhouette Daryle breakwater and troupe imprudently. aircraftman. Guns Tamas sometimes biking his The parties to be a more complex processing of personal data subjects have the data breach any person acting as processor to The processor processes personal data on behalf of the controller and according to its instructions The SCCs specify the obligations of form the exporter and. Standard contractual clauses for the porcelain of TietoEVRY. The new draft sccs in writing that. Controlled via internet connection with respect your online. Appendix 1 to the Standard contractual clausesset IIcontroller to processor Model The following Information Law precedent provides comprehensive and. Privacy shield act data transfers under the gdpr. Supplier must be deemed by this article. From processors in the EU to a sub-processor in summary third award from controllers located in a old country sale to the GDPR to processors. And view Privacy ShieldController-Processor Clauses side-by-side comparison. We can personalize individual would no true onesizefitsall solution for processor? Standard clauses adopted by city Commission. On February 5th the European Commission decided to dream the standard contractual clauses for controller to processor transfers of. Samsara may change Customer Personal Data lake its Subprocessor for the. Update to Standard Contractual Clauses SCCs August 2020. These new zealand and are subject can be ensured by all applicable when left unchanged. Regulation authority requests or territory, including a decision which will no interaction with an acknowledgment of such assistance in most relevant healthcare meet its account management.
    [Show full text]
  • An Analysis of Domain Classification Services
    Mis-shapes, Mistakes, Misfits: An Analysis of Domain Classification Services Pelayo Vallina Victor Le Pochat Álvaro Feal IMDEA Networks Institute / imec-DistriNet, KU Leuven IMDEA Networks Institute / Universidad Carlos III de Madrid Universidad Carlos III de Madrid Marius Paraschiv Julien Gamba Tim Burke IMDEA Networks Institute IMDEA Networks Institute / imec-DistriNet, KU Leuven Universidad Carlos III de Madrid Oliver Hohlfeld Juan Tapiador Narseo Vallina-Rodriguez Brandenburg University of Universidad Carlos III de Madrid IMDEA Networks Institute/ICSI Technology ABSTRACT ACM Reference Format: Domain classification services have applications in multiple areas, Pelayo Vallina, Victor Le Pochat, Álvaro Feal, Marius Paraschiv, Julien including cybersecurity, content blocking, and targeted advertising. Gamba, Tim Burke, Oliver Hohlfeld, Juan Tapiador, and Narseo Vallina- Rodriguez. 2020. Mis-shapes, Mistakes, Misfits: An Analysis of Domain Yet, these services are often a black box in terms of their method- Classification Services. In ACM Internet Measurement Conference (IMC ’20), ology to classifying domains, which makes it difficult to assess October 27ś29, 2020, Virtual Event, USA. ACM, New York, NY, USA, 21 pages. their strengths, aptness for specific applications, and limitations. In https://doi.org/10.1145/3419394.3423660 this work, we perform a large-scale analysis of 13 popular domain classification services on more than 4.4M hostnames. Our study empirically explores their methodologies, scalability limitations, 1 INTRODUCTION label constellations, and their suitability to academic research as The need to classify websites became apparent in the early days well as other practical applications such as content filtering. We of the Web. The first generation of domain classification services find that the coverage varies enormously across providers, ranging appeared in the late 1990s in the form of web directories.
    [Show full text]
  • Verification of Declaration of Adherence | Update May 20Th, 2021
    Verification of Declaration of Adherence | Update May 20th, 2021 Declaring Company: Google LLC Verification-ID 2020LVL02SCOPE015 Date of Upgrade May 2021 Table of Contents 1 Need and Possibility to upgrade to v2.11, thus approved Code version 3 1.1 Original Verification against v2.6 3 1.2 Approval of the Code and accreditation of the Monitoring Body 3 1.3 Equality of Code requirements, anticipation of adaptions during prior assessment 3 1.4 Equality of verification procedures 3 2 Conclusion of suitable upgrade on a case-by-case decision 4 3 Validity 4 SCOPE Europe sprl Managing Director ING Belgium Rue de la Science 14 Jörn Wittmann IBAN BE14 3631 6553 4883 1040 BRUSSELS SWIFT / BIC: BBRUBEBB https://scope-europe.eu Company Register: 0671.468.741 [email protected] VAT: BE 0671.468.741 2 | 4 1 Need and Possibility to upgrade to v2.11, thus approved Code version 1.1 Original Verification against v2.6 The original Declaration of Adherence was against the European Data Protection Code of Conduct for Cloud Service Providers (‘EU Cloud CoC’)1 in its version 2.6 (‘v2.6’)2 as of March 2019. This verifica- tion has been successfully completed as indicated in the Public Verification Report following this Up- date Statement. 1.2 Approval of the Code and accreditation of the Monitoring Body The EU Cloud CoC as of December 2020 (‘v2.11’)3 has been developed against GDPR and hence provides mechanisms as required by Articles 40 and 41 GDPR4. As indicated in 1.1. the services con- cerned passed the verification process by the Monitoring Body of the EU Cloud CoC, i.e., SCOPE Eu- rope sprl/bvba5 (‘SCOPE Europe’).
    [Show full text]
  • Redefining Security Analytics with Chronicle
    Google Cloud Whitepaper: Redefining Security Analytics with Chronicle Redefining Security Analytics with Chronicle DISCLAIMER: This whitepaper applies to Google Cloud products described at cloud.google.com. The content contained herein represents the status quo as of the time it was written. Google’s security policies and systems may change going forward, as we continually improve protection for our customers. Google Cloud Whitepaper: Redefining Security Analytics with Chronicle Table of contents The cyber security world has changed 3 SIEM reimagined: past to future 3 How to make sense of all the security data 4 New SIEM requirements 4 Scale 5 Speed 6 Simplicity 6 C o s t 7 Cloud and on-premise 7 Chronicle: A different approach to security analytics 7 a. Data ingestion 8 b. Data analysis 9 What is the threat? 9 What is it doing? 10 Does it matter? 12 How to respond? 15 c. Security and compliance 16 Summary of Chronicle capabilities and benefits 17 2 Google Cloud Whitepaper: Redefining Security Analytics with Chronicle Chronicle is a global security telemetry platform for detection, investigation and threat hunting within your enterprise network. Chronicle makes security analytics instant, easy, and cost-effective. The cyber security world has changed The threats and technology environments around us have changed radically. Security professionals lament that they must manage threats that originated in the 1980s, which means that old threats never leave; new threats simply pile on. It is clear that the environments an organization must secure and monitor have also dramatically expanded. Much of this change is additive - in addition to mainframes and Windows servers, there are cloud platforms, mobile, and SaaS.
    [Show full text]
  • Enterprise Procurement with GCP Marketplace Spend Smart, Procure Fast, and Help Your Development Team Succeed
    Enterprise Procurement with GCP Marketplace Spend smart, procure fast, and help your development team succeed Be development’s strategic business partner Google Cloud offers a robust, enterprise-tailored, and vetted set of business solutions that will help establish you as a development ally. Spend strategically with options that can draw down your GCP committed spend, and enable your developers to procure directly from GCP Marketplace. Lastly, simplify multi-cloud billing with Orbitera Cloud Billing and Cost Management. Benefits ● Solutions are vetted by Google for security “We use GCP Marketplace to sell our vulnerabilities. Deployment options for industry-leading security solutions and for GCP, on-prem, and multi-cloud. purchasing because they support enterprise procurement with features such as private ● Solutions offer deployment templates so pricing and subscriptions." they launch quickly into the destination environment. Jane Chung VP Public Cloud ● Flexible and consolidated billing models Palo Alto Networks that fit your business needs. What’s new? Partner spotlight Free trial capability for Kubernetes, SaaS, and VM solutions. Subscription and private pricing options for some paid solutions. Anthos applications which can be deployed on-prem and in Google Cloud. For more information visit ​cloud.google.com/marketplace Features No Separate Billing Relationships Flexible Pricing Get solutions to your team fast by eliminating the Get individualized solution pricing quotes with need for separate billing agreements for partner private pricing. Subscription and usage-based solutions. Purchases from GCP Marketplace billing models fit various business needs. have Google as the seller of record. Retire Committed Spend Integrated Solutions Solutions procured through GCP Marketplace Remove deployment headaches with solutions may count toward GCP committed spend, if you that are tightly integrated with GCP and feature have a GCP spend agreement.
    [Show full text]