Landmark Trial Concludes: Google’s Fate in the Balance
Closing arguments in the highly anticipated trial concluded on Friday, leaving Judge Amit Mehta to determine the future of Google’s search business.
Allegations of Anticompetitive Behavior
The trial, which centered on Google’s alleged anticompetitive conduct in both the general search market and search advertising, saw the Department of Justice and plaintiff states presenting their final arguments. The focus on Friday shifted to Google’s conduct in search advertising, with additional scrutiny on its failure to retain potentially relevant chat messages.
Key Arguments and Responses
DOJ attorney Kenneth Dintzer likened the case to US v. Microsoft, suggesting parallels in Google’s monopolistic practices. However, Google’s lead litigator, John Schmidtlein, contested this comparison, arguing that Google’s success stemmed from superior products rather than coercion.
Assessment of Monopoly Power
A pivotal question in the trial was whether advertisers had viable alternatives to Google’s advertising services. Judge Mehta acknowledged robust competition but expressed sympathy for the government’s arguments regarding Google’s dominance.
Delays and Allegations of Sabotage
Plaintiff states contended that Google intentionally delayed implementing features for its search engine marketing tool, SA360, for competitors like Microsoft’s Bing. The delayed rollout of a SA360 feature for Bing ads raised concerns about anticompetitive behavior.
Concerns Over Deleted Chats
The trial was shadowed by allegations that Google intentionally deleted or failed to retain documents crucial to the case. DOJ’s Dintzer condemned Google’s retention policy and urged the court to impose sanctions, suggesting an adverse inference against Google for any deleted chats.
Awaiting Judge Mehta’s Decision
Mehta’s ruling will have significant implications for Google and the broader tech industry. While no timeline has been provided for his decision, the trial has underscored the complex legal and regulatory challenges facing major tech companies.
