Launch of lawsuit and initial response (2020)
The Department of Justice (DOJ) formally brought the case on October 20, 2020, in conjunction with state attorneys general representing Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas.[1] As of 2023, Google was represented in the case by attorneys from Williams & Connolly, Wilson Sonsini Goodrich & Rosati, and Ropes & Gray.[22]
In United States v. Google LLC, the federal government alleges that Google has unfairly hindered competition in the search market through anti-competitive deals with Apple as well as mobile carriers.[23] The government alleges that, as a result of these practices, Google has accumulated control of around 88% of the domestic search engine market.
In doing so, the government alleges, Google has additionally monopolized the search advertising market at the expense of competing services.[24] Per the government's estimation, Google has been able to accumulate control of over 70% of the search advertising market.[9] As a result of the lack of competition, Google has been able to over-charge advertisers versus what they would pay in a competitive environment.[25]
Eric Schmidt, formerly CEO of both Google and parent company Alphabet Inc., criticized the lawsuit, stating that "There's a difference between dominance and excellence".[26] On Twitter, Google denied the DOJ's allegations, with the company stating that consumers use "Google because they choose to -- not because they're forced to or because they can't find alternatives."[27]
Pre-trial proceedings and developments (2020–2023)
Owing to the accusation that Google engaged in anti-competitive conduct through exclusivity dealings with Apple, it was reported in February 2022 that the government was looking to depose "Apple's most senior executives."[28] On December 12, 2022, Google asked the court to toss out the case, arguing that the company fairly achieved its dominant market share and that the DOJ's argument "relies on dubious antitrust arguments."[29]
The government's investigation was led by Jonathan Kanter, the Assistant Attorney General for the DOJ Antitrust Division, Google questioned Kanter's impartiality in the case given his past work for rival companies.[30] Constitutional scholar Laurence Tribe criticized Google's claims, arguing they have "little legal basis and strain common sense."[31] In May 2022, Kanter was temporarily removed from the case as the DOJ considered the allegations.[32]