U.S. v. Google LLC: An overview of the landmark antitrust case and its impact on consumer privacy, A.I., and the future of the internet.
By William Simpson
I. Intro
The ongoing antitrust case against Google alleging anticompetitive conduct relating to the company’s search engine could, in the near term, result in a breakup of the company or, alternatively, indicate that existing antitrust law is ill-suited to engage outsize market shares in the digital economy.[1] On a broader scale, this case could have major effects on consumer privacy, A.I., and the character of the internet going forward. The consequences could be, in a word, enormous.
II. Background
In October 2020, the Department of Justice (DOJ) filed a complaint against Google, alleging that Google violated the Sherman Antitrust Act[2] when it:
- Entered into exclusivity agreements that forbid preinstallation of any competing search service;
- Entered into tying arrangements that force preinstallation of its search applications in prime locations on mobile devices and make them undeletable;
- Entered into long-term agreements with Apple that require Google to be the default general search engine on Apple’s popular Safari browser and other Apple search tools; and
- Generally used monopoly profits to buy preferential treatment for its search engine on devices, web browsers, and other search access points, creating a continuous and self-reinforcing cycle of monopolization.[3]
The DOJ’s complaint concludes that such practices harm competition and consumers, inhibiting innovation where new companies cannot “develop, compete, and discipline Google’s behavior.”[4] In particular, the DOJ argues that Google’s conduct injures American consumers who are subject to Google’s “often-controversial privacy practices.”[5]
In response, Google refutes the DOJ’s argument, deeming the lawsuit “deeply flawed.”[6] “People use Google because they choose to,” says a Google spokesperson, “not because they’re forced to or because they can’t find alternatives.”[7] Challenging the DOJ’s claims, Google asserts that any deals that it entered into are analogous to those a popular cereal brand would enter into for preferential aisle placement.[8]
