Google is set to go to trial in a Washington courtroom on Tuesday, marking the most significant antitrust monopoly trial in the United States in 25 years. The trial is a result of a case filed by the Department of Justice (DoJ), accusing Google of maintaining a monopoly in internet search through anti-competitive agreements.
This trial has garnered immense attention as it represents the most high-profile antitrust case since the DoJ’s action against Microsoft in the 1990s when Microsoft was accused of stifling the pioneering web browser Netscape by leveraging its Windows dominance.
Nearly three decades later, a new wave of progressive officials appointed by President Joe Biden, including Jonathan Kanter, the head of the DoJ’s antitrust unit, are determined to rein in the power of Big Tech. They argue that the lack of significant legal challenges in recent years has allowed anti-competitive behavior to flourish in the US economy.
Kanter inherited the Google case, which was initially filed in 2020 during the Trump administration. This trial will serve as a critical test of the DoJ’s tougher stance on enforcing antitrust regulations against Big Tech companies.
Sean Sullivan, a professor at the University of Iowa College of Law, described the case against Google as “the largest monopolization case since Microsoft.” He believes it could be a landmark trial that leads to “judicial opinions that provide new or better ways of understanding and applying antitrust law.”
The DoJ’s complaint against Google alleges that the tech giant marginalized its competitors by entering agreements with wireless carriers, browser developers, and device manufacturers, involving substantial payments to ensure that its search engine had a prominent presence on mobile phones and computers.
As a result, Google established dominance in the market, with “nearly 90 per cent of all general-search-engine queries in the United States and almost 95 per cent of queries on mobile devices,” according to the DoJ’s complaint.
Google has countered these allegations by arguing that it offers a high-quality product preferred by the public. The company also contends that the agreements in question are primarily determined by its counterparts, such as Apple or Samsung, and that other players have the opportunity to participate in the bidding process.
Sullivan emphasized that it is not sufficient for the DoJ to merely demonstrate Google’s large size or that its competitors have struggled to compete. The government must prove that Google maintained its monopoly position through anti-competitive conduct.
This trial is expected to have far-reaching implications for the technology industry and could reshape the enforcement of antitrust regulations in the United States.
