ANTITRUST: Chrome on the chopping block as Google’s search antitrust trial moves forward.
With opening arguments beginning today, the US Justice Department will seek to convince the court that Google should be forced to divest Chrome, unbundle Android, and make other foundational changes. But Google will attempt to paint the government’s position as too extreme and rooted in past grievances. No matter what happens at this trial, Google hasn’t given up hope it can turn back time.
The Department of Justice (DOJ) has a major advantage here: Google is guilty. It lost the liability phase of this trial resoundingly, with the court finding Google violated the Sherman Antitrust Act by “willfully acquiring and maintaining monopoly power.” As far as the court is concerned, Google has an illegal monopoly in search services and general search advertising. The purpose of this trial is to determine what to do about it, and the DOJ has some ideas.
This case, overseen by United States District Judge Amit Mehta, is taking place against a backdrop that is particularly unflattering for Google. It has been rocked by loss after loss in its antitrust cases, including the Epic-backed Google Play case, plus the search case that is at issue here. And just last week, a court ruled that Google abused its monopoly in advertising tech. The remedies in Google’s app store case are currently on hold pending appeal, but that problem is not going away. Meanwhile, Google is facing even more serious threats in the remedy phase of this trial.
The DOJ will come out guns blazing—it sees this as the most consequential antitrust case in the US since the Microsoft trial of the 1990s.
Exit quote: “Google says it will spend a lot of time arguing against the DOJ’s attempt to end search placement deals, and it will have some backup here in the form of representatives from Mozilla and Apple, both of which are paid billions of dollars per year to make Google their default search engine.”
I’m not convinced that last point doesn’t help the DOJ’s case more than Google’s.