The remedy phase of Google’s search antitrust trial is getting underway, and the government is seeking to force major changes. The next few weeks could reshape Google as a company and significantly alter the balance of power on the Internet, and both sides have a plan to get their way.
With opening arguments beginning today, the US Justice Department will seek to convince the court that Google should be forced to divest Chrome, unbundle Android, and make other foundational changes. But Google will attempt to paint the government’s position as too extreme and rooted in past grievances. No matter what happens at this trial, Google hasn’t given up hope it can turn back time.
Advantage for Justice Dept.
The Department of Justice (DOJ) has a major advantage here: Google is guilty. It lost the liability phase of this trial resoundingly, with the court finding Google violated the Sherman Antitrust Act by “willfully acquiring and maintaining monopoly power.” As far as the court is concerned, Google has an illegal monopoly in search services and general search advertising. The purpose of this trial is to determine what to do about it, and the DOJ has some ideas.
This case, overseen by United States District Judge Amit Mehta, is taking place against a backdrop that is particularly unflattering for Google. It has been rocked by loss after loss in its antitrust cases, including the Epic-backed Google Play case, plus the search case that is at issue here. And just last week, a court ruled that Google abused its monopoly in advertising tech. The remedies in Google’s app store case are currently on hold pending appeal, but that problem is not going away. Meanwhile, Google is facing even more serious threats in the remedy phase of this trial.
