It’s multiply official: Google is a monopoly.
The latest such ruling is a decision handed down on April 17 by Judge Leonie Brinkema in United States of America v. Google LLC, a 2023 case that focuses on Google’s control over both the software publishers use to manage online ads and the exchanges where those same ads are bought and sold. In August 2024, Judge Amit P. Mehta also ruled Google was a monopoly; that United States of America v. Google LLC, filed in 2020, focused on Google’s payments to mobile phone companies, wireless carriers, and browser companies to promote its search engine. Before *that*, in 2023 a jury found in Epic Games v. Google that Google violated antitrust laws with respect to the Play Store and Judge James Donato ordered it to allow alternative app stores on Android devices by November 1, 2024. Appeals are proceeding.
Google has more trouble to look forward to. At The Overspill, veteran journalist Charles Arthur is a member of a class representative bringing a UK case against Google. The AdTechClaim case seeks £13.6 billion in damages, claiming that Google’s adtech system has diverted revenues that otherwise would have accrued to UK-based website and app publishers. Reuters reported last week on the filing of a second UK challenge, a £5 billion suit representing thousands of businesses who claim Google manipulated the search ecosystem to block out rivals and force advertisers to rely on its platform. Finally, the Competition and Markets Authority is conducting its own investigation into the company’s search and advertising practices.
It is hard to believe that all of this will go away leaving Google intact, despite the company’s resistance to each one. We know from past experience that fines change nothing; only structural remedies will
The US findings against Google seem to have taken some commentators by surprise, perhaps assuming that the Trump administration would have a dampening effect. Trump, however, seems more exercised about the EU’s and UK’s mounting regulatory actions. Just this week the European Commission fined Apple €500 million and Meta €200 million, the first under the Digital Markets Act, and ordered them to open up user choice within 60 days. The White House has called some of these recent fines a new form of economic blackmail.
I’ve observed before that antitrust cases are often well behind the times, partly because these cases take so long to litigate. It wasn’t until 2024 that Google lost its 2017 appeal to the European Court of Justice in the Foundem search case and was ordered to pay a €2.4 billion fine. That case was first brought in 2009.
In 2014, I imagined that Google’s recently-concluded purchase of Nest smart thermostats might form the basis of an antitrust suit in 2024. Obviously, that didn’t happen; I wish instead the UK government had blocked Google’s acquisition of DeepMind. Partly, because perhaps the pre-monopolization of AI could have been avoided. And partly because I’ve been reading Angus Hanton’s recent book, Vassal State, and keeping it would have hugely benefited Britain.
Unfortunately, forcing Google to divest DeepMind is not on anyone’s post-trial list of possible remedies. In October, the Department of Justice filed papers listing a series of possibilities for the search engine case. The most-discussed of these was ordering Google to divest Chrome. In a sensible world, however, one must hope remedies will be found that address the differing problems these cases were brought to address.
At Big, Matt Stoller suggests that the latest judgment increases the likelihood that Google will be broken up, the first such order since AT&T in 1984. The DoJ, now under Trump’s control, could withdraw, but, Stoller points out, the list of plaintiffs includes several state attorneys general, and the DoJ can’t dictate what they do.
Trying to figure out what remedies would make real change is a difficult game, as the folks at the the April 20 This Week In Tech podcast say. This is unlike the issue around Google’s and Apple’s app stores that the European Commission fines cover, where it’s comparatively straightforward to link opening up their systems to alternatives and changing their revenue structure to ensuring that app makers and publishers get a fairer percentage.
Breaking up the company to separate Chrome, search, adtech, and Android would disable the company’s ability to use those segments as levers. In such a situation Google and/or its parent, Alphabet, could not, as now, use them in combination to maintain its ongoing data collection and build a durable advantage in training sophisticated models to underpin automated services. But would forcing the company to divest those segments create competition in any of them? Each would likely remain dominant in its field.
Yet something must be done. Even though Microsoft was not in the end broken up in 2001 when the incoming Bush administration settled the case, the experience of being investigated and found guilty of monopolistic behavior changed the company. None of today’s technology companies are likely to follow suit unless they’re forced; these companies are too big, too powerful, too rich, and too arrogant. If Google is not forced to change its structure or its business model, all of them will be emboldened to behave in even worse ways. As unimaginable as that seems.
Illustrations: “The kind of anti-trust legislation we need”, by J. S. Pughe (via Wikimedia.
Wendy M. Grossman is the 2013 winner of the Enigma Award. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. She is a contributing editor for the Plutopia News Network podcast. Follow on Mastodon or Bluesky.
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