US considers asking court to break up Google as it weighs remedies in
the antitrust case
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[October 09, 2024] By
SHAWN CHEN
The U.S. Department of Justice is considering asking a federal judge to
force Google to sell parts of its business in order to eliminate its
online search monopoly.
In a late court filing on Tuesday, federal prosecutors also said the
judge could ask the court to open the underlying data Google uses to
power its ubiquitous search engine and artificial intelligence products
to competitors.
Tuesday’s filing is the first step in a monthslong legal process to come
up with remedies that could reshape a company that’s long been
synonymous with online search.
“For more than a decade, Google has controlled the most popular
distribution channels, leaving rivals with little-to-no incentive to
compete for users,” the antitrust enforcers wrote in the filing. “Fully
remedying these harms requires not only ending Google’s control of
distribution today, but also ensuring Google cannot control the
distribution of tomorrow.”
To that end, the department said it is considering asking for structural
changes to stop Google from leveraging products such as its Chrome
browser, Android operating system, AI products or app store to benefit
its search business.
Prosecutors also zeroed in on Google's default search agreements in the
filing and said any remedy proposals would seek to limit or ban these
deals. These deals lock in Google services and products as the automatic
choice presented to consumers, such as when Safari browsers on Apple
iPhones use Google's search engine.
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The Google building is seen in New York, Feb. 26, 2024. (AP
Photo/Seth Wenig, File)
Lee-Anne Mulholland, Google’s vice
president of regulatory affairs, said in response to the filing that
the Department of Justice was “already signaling requests that go
far beyond the specific legal issues" in this case. “Government
overreach in a fast-moving industry may have negative unintended
consequences for American innovation and America’s consumers.”
U.S. District Judge Amit Mehta ruled in August that Google's search
engine has been illegally exploiting its dominance to squash
competition and stifle innovation. He has outlined a timeline for a
trial on the proposed remedies next spring and plans to issue a
decision by August 2025.
Google has already said it plans to appeal Mehta’s ruling, but the
tech giant must wait until he finalizes a remedy before doing so.
The appeals process could take as long as five years, predicts
George Hay, a law professor at Cornell University who was the chief
economist for the Justice Department’s antitrust division for most
of the 1970s.
In November, federal prosecutors will submit a more detailed
proposal on tackling Google’s anticompetitive practices. Google in
turn will offer its own ideas for how to make fixes in December.
Prosecutors will then make their final proposal in March 2025.
Google has been facing intensifying regulatory pressure on both
sides of the Atlantic, with European Union antitrust enforcers also
suggesting that breaking up the company is the only way to satisfy
competition concerns about its digital ad business.
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