The U.S. Department of Justice (DOJ) is contemplating a historic move to break up Google, marking a critical step in the government’s ongoing antitrust case against the tech giant.
This possibility comes after U.S. District Judge Amit Mehta ruled in August that Google has been operating an illegal monopoly through its search engine, stifling competition and innovation. While the breakup of Google is only one of several potential remedies, it underscores the government’s serious concerns about the company’s market dominance.
Potential Remedies Under Consideration
In court filings made on Tuesday, DOJ lawyers outlined a broad range of remedies aimed at curbing Google’s monopoly power. These include restrictions on how Google leverages its artificial intelligence (AI) technologies to mine data from websites to produce search results. Another key area of focus is Google’s financial relationships with tech companies like Apple, where Google pays billions annually to ensure its search engine remains the default choice on popular devices such as iPhones.
The filings represent the first formal step in a lengthy legal process to reshape Google’s business model. The proposed remedies could have far-reaching implications for the entire tech industry, potentially preventing Google from engaging in deals that solidify its dominance across various platforms. As the DOJ noted, these efforts are not merely about ending Google’s control of distribution today but ensuring it cannot continue to dominate in the future.
Judge Mehta’s Ruling and Timeline for Remedies
Judge Mehta’s ruling from August is a pivotal moment in the antitrust battle. He concluded that Google had unlawfully maintained its monopoly in online search services, particularly through deals like the multi-billion-dollar payments it makes to companies like Apple to be the default search engine on their devices. The court’s next phase will involve deciding what remedies are appropriate to restore competition. Mehta has set a timeline for a trial on these remedies to begin in the spring of 2025, with a final ruling expected by August 2025.
Although the DOJ has provided its initial list of potential remedies, including the possibility of breaking up Google’s business divisions such as Chrome, Android, and its AI products, these options remain under deliberation. The court filing explicitly mentions that the government may not ultimately pursue structural changes like divestiture. Google has already signaled its intent to appeal Mehta’s ruling but will have to wait until a final remedy is determined before it can proceed with its appeal, a process that could extend for up to five years.
Google’s Response and Concerns Over AI
Google has expressed strong opposition to the DOJ’s proposals, calling the potential breakup “radical” in a blog post. The company argues that the government is overreaching in its efforts to regulate Google’s business practices, claiming that the remedies being considered extend far beyond the original focus of the case, which centered on search distribution contracts.
In particular, Google has voiced concerns that the government’s focus on AI could stifle innovation in a rapidly growing industry. The company argues that AI is still in its infancy and that competition in the AI space is fierce. As Mark Shmulik, an analyst at Bernstein Research, pointed out, Google may face significant challenges if the DOJ’s remedies target AI-related practices across multiple facets of the business.
Broader Implications for Google and Big Tech
This case is part of a broader trend of increased regulatory scrutiny of Big Tech companies. In addition to the U.S. case, Google faces mounting pressure from European Union regulators, who have suggested that breaking up the company may be the only way to restore fair competition in its digital advertising business. Furthermore, a federal judge in Virginia is currently considering whether Google holds an illegal monopoly in the online advertising technology market.
Other recent rulings also indicate that Google’s legal troubles are far from over. On October 7, a federal judge ordered the company to allow third-party app stores onto its Android platform and ensure app parity across stores. This ruling is a response to concerns about Google’s monopoly over app distribution and in-app billing on the Android operating system. Google has indicated it will appeal this ruling as well.
