WASHINGTON, DC – Today, The Tech Oversight Project applauded the Department of Justice’s comprehensive remedy framework for Google’s search and search text ads monopoly, including the structural separation of Google from Google Play, Android, and Chrome. The Justice Department makes the case that strong structural and behavioral remedies, like banning Google’s predatory default agreements, are necessary to restore competition online.
“The Department of Justice won because it proved how Google’s search monopoly is the flywheel that feeds its gargantuan business more data, more customers, and more opportunities to lock out competitors. Google got ahead because it broke the law, and the American people paid the price. A breakup is absolutely warranted,” said Sacha Haworth, Executive Director of The Tech Oversight Project. “There is no silver-bullet remedy that will accomplish everything all at once. That’s why we applaud the necessary and sweeping approach in the Justice Department’s framework. We look forward to reviewing its finalized set of remedies and encourage Judge Mehta to consider all options to restore competition and put consumers back in the driver’s seat.”
In August, U.S. District Judge Amit Mehta ruled that Google was found to have violated the Sherman Act by acting illegally to maintain its monopoly power through its exclusive distribution agreements – controlling roughly 90% of the online search market and 95% of the search market on smartphones.
Proposed Remedies:
Search Distribution and Revenue Sharing:
- Limit or prohibit default agreements and preinstallation contracts
- Prevent Google from using its products to self-preference its search engine
- Support educational campaigns to help users choose search engines
Accumulation and Use of Data:
- Require Google to make its data, indexes, and models available to competitors
- Prohibit Google from retaining data that cannot be shared due to privacy concerns
- Pursue remedies that reduce the cost and complexity of indexing or retaining data for rival general search engines
Generation and Display of Search Results:
- Prevent Google from using practices that undermine rivals’ access to web content
- Allow websites to opt out of being used for training or appearing in Google-owned AI products or services
Advertising Scale and Monetization:
- Create remedies that lower barriers to entry in search advertising
- Allow for independent licensing of Google’s ad feeds
- Provide transparent reporting for advertisers about ad performance and options to opt out of certain features
Administration and Compliance:
- Establish a court-appointed technical committee to monitor compliance
- Designate a senior Google executive for regular compliance reporting
- Train employees on adherence to remedies
- Prohibit Google from owning a stake in the success of search competitors
- Prevent retaliation against competitors or those cooperating with enforcement