Google has urged a federal judge to approach remedies for its alleged monopoly in internet search with care. In its filing on Friday, the company proposed a final judgment for the ongoing case, emphasizing that any decisions must not harm the broader tech ecosystem. This comes after the U.S. Justice Department (DOJ) suggested severe actions, including ordering Google to sell off its Chrome browser and Android operating system to encourage competition.
DOJ Proposes Radical Solutions
In a filing last month, the DOJ recommended that U.S. District Judge Amit Mehta force Google to divest key assets like its Chrome browser and Android operating system. The DOJ’s goal is to reduce Google’s dominance in the search engine market and level the playing field for competitors.
However, Google has countered this proposal, suggesting a more flexible solution. The company recommended continuing its practice of paying for default search engine status, but on an annual contract basis. This arrangement would allow other companies, such as Apple, to set different default browsers and receive bids from other search engines to secure the default position.
Google’s Position on Proposed Remedies
In a blog post, Google’s Vice President of Regulatory Affairs, Lee-Anne Mulholland, explained the company’s stance, asserting that it would appeal any unfavorable decision from Judge Mehta to the D.C. Circuit. Mulholland emphasized that the company’s proposed changes were not taken lightly, recognizing the potential impact on its partners. “These changes would affect how partners choose the best search engine for their customers,” she wrote.
She further defended Google’s contracts with partners, arguing they have benefited consumers by enhancing privacy and security. “Our proposals address the court’s concerns without compromising Americans’ privacy or the country’s tech leadership,” Mulholland added.
The Role of Artificial Intelligence in the Debate
Google also argued that the fast-evolving landscape of artificial intelligence (AI) would soon transform the search market. The company suggested that, rather than applying remedies for 10 years as proposed by the DOJ, the time frame should be limited to three years. Google believes the rapidly changing tech landscape makes long-term interventions unnecessary.
The company further proposed that device manufacturers like Apple and Android phone makers should have more flexibility. Apple could sign multiple default browser agreements for devices like iPhones and iPads, while Android phone makers could preload Google apps without having to also include Google’s search engine or Chrome browser.
Legal Precedents and Government’s Position
Google’s filing referenced the landmark United States v. Microsoft case, which set a legal precedent in antitrust law. The company argued that extreme measures like the DOJ’s proposed divestiture of key assets would require strong justification under the Sherman Act.
Google also criticized the DOJ’s reasoning, arguing that the government failed to prove a clear link between Google’s alleged violations and the harm to competition. The company claims its proposed remedies are more balanced and targeted than what it calls the DOJ’s “unprecedented and sweeping” measures.
The Debate Over AI and Future Competition
One of the most contentious aspects of the case is the role of AI. The DOJ has raised concerns that AI could help Google maintain its dominance in search, even after any potential remedies are imposed. However, Google has pushed back, noting that AI is already driving new competition in the industry. “Since the trial concluded over a year ago, AI has reshaped the industry, introducing new players and innovative ways to find information,” Mulholland wrote.
At a hearing in October, Judge Mehta indicated he might allow the DOJ to request documents related to Google’s use of AI, though he cautioned that such requests must be narrow to avoid delaying the proceedings.
The case is still in its early stages, with a pretrial conference scheduled for April 11, 2025. Google is preparing to appeal Judge Mehta’s decision, whether it’s in its favor or not, first to the D.C. Circuit and potentially to the U.S. Supreme Court.
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