Google is set to face an antitrust remedies trial to determine a fix for its alleged monopoly in online search. The US Department of Justice proposed several remedies, including divesting Chrome and ending search engine agreements, but finding the right balance remains a complex challenge.
In August 2024, U.S. District Court Judge Amit Mehta ruled that Google is an illegal monopolist due to its contracts with companies like Apple and Mozilla. The DOJ has since proposed several remedies, including divestiture of Google’s Chrome browser and Android. However, experts say that many of these remedies aren’t directly tied to Mehta’s ruling.
Benjamin Nagin, a partner at Sidley Austin LLP, noted that agreeing on fixes becomes more difficult when conduct not found anticompetitive is included. Adam Kovacevich, founder of the Chamber of Progress, agreed, saying proposed remedies go “far beyond” Mehta’s narrowly focused decision on Google’s search contracts.
The DOJ’s proposals include a mix of injunctive relief, conduct remedies, and structural remedies. The structural component includes divesting Chrome and potentially Android, while conduct remedies involve opening data access and ending self-preferencing. Injunctive relief aims to stop Google from entering into exclusionary search distribution contracts.
Diana Moss, director of competition policy at the Progressive Policy Institute, argued that a combination of approaches could be effective in restoring competition to online search, but unintended consequences for consumers need to be considered. Herbert Hovenkamp, a law professor at the University of Pennsylvania Carey Law School, suggested that injunctive relief is more suitable due to uncertainty about market impact.
Google has proposed its own remedies, arguing that the DOJ’s proposals exceed the court’s decision. The company plans to appeal Mehta’s decision but will first face the antitrust remedies trial this month.
Source: https://www.techtarget.com/searchcio/news/366622343/Antitrust-fix-elusive-as-Google-set-to-face-remedies-trial