The US Justice Department alleges Google’s monopoly in the search space in a landmark case set to begin on Tuesday
The trial for a landmark antitrust case against Google is set to commence on Tuesday in a Washington district court, focusing on allegations of monopolizing the online search space. Initiated by the US Justice Department in 2020, this legal action represents a significant challenge to the power and influence of big tech, marking one of the most substantial legal battles against industry monopolies in decades.
Katherine Van Dyck, Senior Counsel at the American Economic Liberties Project, a non-profit organization that advocated for publicizing court proceedings, emphasized the immense consequences of the Google search trial for the digital world. The outcome is poised to shape how millions of Americans access and utilize the internet.
The Justice Department has leveled accusations against Google, asserting that the tech giant has exploited its market dominance to unfairly exclude competitors and establish itself as a gatekeeper of the internet. This case represents the first trial initiated by the government against Google. The Justice Department has also aligned with a separate case involving Google, filed by the attorneys general of 38 states and territories, addressing concerns about monopolistic practices in advertising.
Google has refuted any wrongdoing in both cases and has not promptly responded to a request for comment. The Justice Department has not issued an immediate comment.
In recently unsealed filings, Judge Amit P Mehta dismissed several charges against Google, narrowing the scope of the case in a minor victory for the company. He determined that Google was not obligated to defend itself against allegations that the design of its search results page has negatively impacted competitors such as Expedia or Yelp.
However, Mehta permitted the continuation of more substantial charges, including crucial contentions that Google’s exclusive contracts with phone manufacturers purportedly detrimentally affected competitors. The department asserts that the company disburses billions annually to “secure default status for its general search engine and, in many cases, to specifically prohibit Google’s counterparties from dealing with Google’s competitors.
In an opinion revealed in August, Mehta noted that Google’s “brand name has become so ubiquitous that dictionaries recognize it as a verb.” He highlighted that in 2020, Google held nearly 90% of market share, and advertisers expended over $80 billion annually solely to target general search users.
Mehta emphasized that a company with monopoly power engages in unlawful conduct only when its actions stifle competition. He stated that the Justice Department must demonstrate that each specific action, such as Google’s approach to search advertising, constitutes a violation of antitrust law. Consequently, the government cannot present a series of actions and argue that, collectively, they breach antitrust regulations.
“We anticipate demonstrating in court that the promotion and distribution of our services are both legal and pro-competitive,” remarked Kent Walker, Google’s Chief Legal Officer, in reaction to Mehta’s ruling.
Despite the significant success of big tech in recent decades, lawsuits such as those against Google may signal a shift in the prevailing winds. Earlier this year, an antitrust suit filed by attorneys general against Meta was dismissed. Additionally, the Federal Trade Commission, led by the new antitrust head Lina Khan, filed a suit against Amazon earlier this year.