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If approved, the penalties could revolutionize how millions of Americans search for information and potentially disrupt the tight integration among many of Google’s key products and services. Google has promised to appeal.
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In their court filing this week, antitrust enforcers said a spinoff of Chrome, which is used on billions of devices worldwide, could help prevent an illegal monopoly from recurring.
“The playing field is not level because of Google’s conduct, and Google’s quality reflects the ill-gotten gains of an advantage illegally acquired,” the government lawyers wrote. “The remedy must close this gap and deprive Google of these advantages.”
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DOJ lawyers called on Mehta to impose a range of other restrictions, some aimed at preventing possible future harm. One such request would require Google to give websites the option not to have their data collected for training the company’s artificial intelligence tools.
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In ablog post, Google President and Chief Legal Officer Kent Walker called the government proposal “extreme” and said it would undercut Americans’ security and privacy by making Google share its user data with others.
“DOJ chose to push a radical interventionist agenda that would harm Americans and America’s global technology leadership,” Walker said. “DOJ’s wildly overbroad proposal goes miles beyond the Court’s decision. It would break a range of Google products — even beyond Search — that people love and find helpful in their everyday lives.”
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Brought in 2020 under the first Trump administration and continued under President Joe Biden, the DOJ’s Google Search case alleged that Google had used multiple interlocking tactics and products under its control to block out competitors in search such as Bing and DuckDuckGo, leaving consumers with few choices and a less innovative market for search engines.
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Over the course of a multi-week trial – much of it featuring sensitive testimony behind closed doors by executives from Apple, Microsoft, Verizon and others – Mehta weighed whether Google’s practices had harmed competition in search. He ultimately determined that Google violated Section 2 of the Sherman Act, one of the nation’s foremost anti-monopoly laws.
“Google is a monopolist, and it has acted as one to maintain its monopoly,” Mehta wrote in hisopinion.
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On top of the Chrome divestiture, DOJ and state officials also called this week for Google Search to be separated from Google’s Android mobile operating system and the Google Play app store, though not necessarily in the form of a breakup or spinoff. Many of the proposals outlined in Wednesday’s filing were initially previewed in anearlier court submissionin October.
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“The end result here is not dissimilar from theMicrosoftcourt’s conclusion as to the browser market,” Mehta said. “Just as the agreements in that case ‘help[ed] keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft’s monopoly,’ Google’s distribution agreements have constrained the query volumes of its rivals, thereby inoculating Google against any genuine competitive threat.”
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Even as Google fights the Justice Department on remedies in the search case, the company is embroiled in another antitrust battle just across the Potomac River in Alexandria, Virginia.
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