The Justice Department could force Google to break itself up

October 9

Google may have to break off parts of its business, such as Chrome and Android, and share users’ search data with its competitors, based on the proposed remedies the US Justice Department has submitted in a court filing. The DOJ said it’s “considering behavioral and structural remedies that would prevent Google from using products such as Chrome, Play, and Android to advantage Google search and Google search-related products and features” after Judge Amit Mehta ruled in August that it illegally abused its monopoly over the search industry. That ruling was the result of a 2020 antitrust lawsuit filed by the DOJ and several states, accusing Google of “unlawfully maintaining monopolies” over search and search-related products.

The department is also considering limiting or prohibiting Google from signing contracts with other companies to make its search engine the default option for their browsers and phones. In his ruling, Judge Mehta said that paying Mozilla, Apple, Samsung and other device makers to make Google as their default search engine was an illegal act meant to maintain its dominant position in the market. A Google executive previously revealed during a trial for the lawsuit that the the company paid Apple $26 billion. One of the department’s other proposals is to restrict Google from being able to use search results to train its generative artificial intelligence models.

In a blog post, Google’s VP of Regulatory Affairs, Lee-Anne Mulholland, called the DOJ’s proposals “radical and sweeping.” She said the government “seems to be pursuing a sweeping agenda that will impact numerous industries and products” and proceeded to enumerate how the proposals would affect consumers. Mulholland argued that forcing Google to share users’ search queries and results with competitors could create major privacy and security risks, since the company protects them with its “strict security standards.” She also said that splitting off Chrome or Android would break them, jeopardize their security and make patching bugs harder. It will “change their business models, raise the cost of devices, and undermine Android and Google Play in their robust competition with Apple’s iPhone and App Store,” she explained.

Mulholland also argued that “hampering Google’s AI tools risks holding back American innovation at a critical moment.” Finally, she said that the government’s “unreasonable restrictions” on Google’s distribution contracts that make its search engine “easily available” would “create friction for people who just want to easily search for information.” It could reduce revenue for companies like Mozilla and other Android smartphone makers, as well, leading to the lack of funds for further development and pricier smartphones overall.

The DOJ has until November 20 to file a more refined set of remedies, while Google has until December 20 to propose its own fixes to the court.

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