The biggest U.S. antitrust trial in 25 years kicked off Tuesday with the Department of Justice seeking to rein in Google’s dominance of the search market, challenging a product whose ubiquity has come to define the last two decades.
Top executives at Google and its corporate parent, Alphabet Inc., as well as those from other powerful technology companies are expected to testify. Among them is likely to be Alphabet CEO Sundar Pichai, who succeeded Google co-founder Larry Page four years ago. Court documents also suggest that Eddy Cue, a high-ranking Apple executive, might be called to the stand.
“User data is the oxygen”
The Justice Department filed its antitrust lawsuit against Google nearly three years ago during the Trump administration, charging that the company has used its internet search dominance to gain an unfair advantage against competitors. (The current case is separate from a lawsuit the federal government filed in January of this year, alleging that Google has a monopoly in web advertising.)
Government lawyers allege that Google protects its franchise through a form of payola, shelling out billions of dollars annually to be the default search engine on the iPhone and on web browsers such as Apple’s Safari and Mozilla’s Firefox.
“Google pays more than $10 billion per year for these privileged positions,’’ Dintzer said.“Google’s contracts ensure that rivals cannot match the search quality ad monetization, especially on phones,” Dintzer said. “Through this feedback loop, this wheel has been turning for more than 12 years. It always turns to Google’s advantage.”
Dintzer said that the more searches Google processes, the more data it collects—data that can be used to improve future searches and give it an even bigger advantage over its rivals. “User data is the oxygen for a search engine,” he said. Because of its market dominance, “Google search and ad products are better than its rivals can hope to be.” That is why, he said, Google pays so much for its search engine to be the default option on products from Apple and other companies.
Dintzer said the Google “began weaponizing defaults” more than 15 years ago and cited an internal Google document calling its arrangements an “Achilles Heel” for rival search engines offered by Yahoo and MSN. He also charged that Google strong-armed Apple into giving its search engine a default position on their devices as a condition for getting revenue sharing payments. “This is not a negotiation,” Dintzer said. “This is Google saying: Take it or leave it.”
Litigators argue the company’s anticompetitive tactics prevented Apple from developing a search engine of its own.
Anti-monopoly groups say the trial’s outcome could affect the development of the next generation of technology, including artificial intelligence tools.
“The main way that AI is deployed today is in combing the internet for answers, so if Google gets to maintain its monopoly, Google will control the future of AI,” Matt Stoller, director of research at the American Economic Liberties Project, said in a statement. “If Judge Amit Mehta rules against Google’s monopoly, then the future will belong to all of us.”
Allegations of document deletion
And Dintzer said that Google deleted documents to keep them out of court proceedings and sought to hide others under attorney-client privilege. “They destroyed documents for years,” Dintzer said. “They turned history off, your honor, so they could rewrite it in this court.”
Google counters that it faces a wide range of competition despite commanding about 90% of the internet search market.
“People use Google because it’s helpful,” the tech company wrote in a blog post last week, which pointed out that rivals including Microsoft’s Bing and Yahoo pay Apple to be featured in the Safari browser, and that default settings that favor Google can be changed in two clicks.
Its rivals, Google argues, are not only other search engines such as Bing and Yahoo but also websites like Amazon and Yelp, where consumers can post questions about what to buy or where to go. “There are lots of way users access the web other than default search engines, and people use them all the time,” said attorney John Schmidtlein, a partner at the law firm Williams & Connolly who is representing Google.
From Google’s perspective, perpetual improvements to its search engine explain why people almost reflexively keep coming back to it, a habit that long ago made “Googling” synonymous with looking things up on the internet. Schmidtlein said, for instance, the tweaks made Google’s search simply better than key rival Bing. “At every critical juncture,” he said, “they were beaten in the market.”
The trial begins just a couple weeks after the 25th anniversary of the first investment in the company—a $100,000 check written by Sun Microsystems co-founder Andy Bechtolsheim that enabled Larry Page and Sergey Brin to set up shop in a Silicon Valley garage. Today, Google’s corporate parent, Alphabet, is worth $1.7 trillion and employs 182,000 people, with most of the money coming from $224 billion in annual ad sales flowing through a network of digital services anchored by a search engine that fields billions of queries a day.
The Justice Department’s antitrust case echoes the one it filed against Microsoft in 1998. Regulators at the time accused Microsoft of forcing computer makers that relied on its dominant Windows operating system to also feature Microsoft’s Internet Explorer browser, which was used to access the internet. The practice of bundling Explorer, just as the internet was starting to go mainstream, crushed competition from the once-popular rival browser Netscape.
Several members of the Justice Department’s team in the Google case—including Dintzer—also worked on the Microsoft investigation. Google could be hobbled if the trial ends in concessions that undercut its power. One possibility is that the company could be forced to stop paying Apple and other companies to make Google the default search engine on smartphones and computers.
Even if the trial ends in Google’s favor, the drawn-out legal battle could cause Google to lose focus on its business. That’s what happened to Microsoft after its antitrust showdown with the Justice Department. Distracted, the software giant struggled to adapt to the impact of internet search and smartphones. Google capitalized on that distraction to leap from its startup roots into an imposing powerhouse.
