US Judge Rules Google Search Antitrust Claims Can Proceed to Trial

WASHINGTON: A US judge hearing a Justice Department antitrust lawsuit accusing Google of illegally maintaining monopolies in the Internet search market has sustained key arguments made by the federal government.

Google, a unit of Alphabet, had asked for summary judgment on all of the government’s arguments in the case.

In a decision announced Friday in Washington, U.S. Judge Amit Mehta granted Google’s request on some grounds, but allowed the rest of the claims to proceed to trial next month.

The Justice Department sued Google in 2020, accusing the $1.6 trillion company of illegally using its market power to bully its rivals in the biggest challenge to Big Tech’s power and influence since it sued Microsoft in 1998.

Mehta is also handling a case brought against Google by attorneys general in 38 states and territories.

Mehta rejected the states’ accusations that Google made it harder for Internet users to find specialized search engines like Expedia for travel or OpenTable restaurants, saying the states “have not shown the necessary anticompetitive effect in the relevant market.”

Google said Friday that it appreciates the court’s “careful consideration and decision to dismiss the Google search design claims” in the case brought by the states.

“We look forward to testing that the promotion and distribution of our services is both legal and pro-competitive,” added Kent Walker, Google’s chief legal officer.

Google has denied wrongdoing in both cases.

Colorado Attorney General Phil Weiser said he welcomed Mehta’s opinion, adding, “We continue to evaluate how best to move forward and create a pattern of illegal behavior by Google that harms consumers and competition.”

Mehta pointed out that Google LLC operates the largest general Internet search engine in the United States, whose “brand name has become so ubiquitous that dictionaries recognize it as a verb.” He noted that in 2020, Google had nearly 90 percent market share and advertisers spend more than $80 billion annually to reach mainstream search users.

“A firm with a monopoly is acting unlawfully only when its conduct stifles competition,” Mehta wrote.

Mehta also said the government would have to show that each specific activity — for example, how Google handles search advertising — violates competition law. This means that the government cannot point to a series of actions and claim that they cumulatively violate competition law.

The government, which filed its lawsuit in the waning days of the Trump administration, has alleged that Google illegally paid billions of dollars annually to smartphone makers such as Apple, LG, Motorola and Samsung, carriers such as Verizon and browsers such as Mozilla. to find their customers. Mehta refused to dismiss this claim.

The Ministry of Justice did not immediately comment on the matter.

In late April, a US judge in Virginia denied Google’s request to dismiss a separate Justice Department antitrust case focused on advertising technology, saying the government’s case was strong enough to move forward.

The government has argued that Google should be forced to sell its ad management software. Google has also denied wrongdoing in this case.