For the past six weeks, the Justice Department and a group of state prosecutors have been attempting to make a case that Google utilized its dominant market position to maintain its search engine’s supremacy. Now, it’s Google’s opportunity to present its defense in this pivotal trial.
The tech giant, valued at $1.7 trillion, is expected to argue that it leads in the search industry because of its superior technology, making it the preferred choice among users. To bolster its case, Google has summoned Alphabet and Google’s CEO, Sundar Pichai, as a star witness.
Pichai’s background is deeply intertwined with Google’s search engine operations. His anticipated testimony will emphasize that Google’s primary aim has always been to offer the best possible search product to consumers, thereby enhancing competition.
This courtroom clash between Google and the government marks the first major antitrust trial involving a tech monopoly in decades, particularly in the era of the modern internet. The last time a case of this magnitude was brought to trial was in 1998, when Microsoft faced similar allegations and was found to have violated antitrust laws.
While the concept of antitrust may appear unexciting to some, the Google trial has been filled with intrigue. The proceedings have seen accusations of document destruction and revelations about billion-dollar deals between some of the world’s wealthiest corporations. The government’s case featured around 30 witnesses, including experts, psychologists, and high-ranking executives from Apple and Microsoft, all aimed at demonstrating Google’s wrongdoing.
According to Kenneth Dintzer, the Justice Department’s lead attorney, “Google illegally maintained a monopoly for more than a decade.” He argued that if Google sets the rules, it will always be in its favor.
The government bears the responsibility of proving that Google’s actions harmed competition. The central claim is that Google orchestrated its business dealings to ensure its search engine appears as the default option on devices, leaving consumers with no real alternatives.
The Justice Department contends that Google achieved this through exclusive agreements with device manufacturers, web browsers, and mobile carriers, including giants like Apple, Mozilla, and AT&T. During the trial, evidence was presented indicating that Google paid Apple over $10 billion annually to secure its position as the default search engine on Apple devices. Eddy Cue, Apple’s senior vice president of services, testified that these deals were mutually beneficial.
The government’s case featured numerous other witnesses, including Microsoft CEO Satya Nadella, who claimed that he had unsuccessfully attempted for years to persuade Apple to switch its default browser from Google to Microsoft’s Bing. He emphasized that even a company as substantial as Microsoft could not compete without such a switch.
Executives from smaller search engines, such as DuckDuckGo and Neeva, also testified, asserting that Google’s exclusive deals hindered their efforts to gain market share. While some information regarding Google’s business practices was disclosed during the trial, much of it remained confidential, with significant portions of Eddy Cue’s testimony occurring behind closed doors.
Google’s defense has consistently downplayed the significance of its exclusive agreements with device manufacturers. The company contends that its success is primarily due to the quality of its products, implying that rival search engines like Bing simply do not measure up.
John Schmidtlein, Google’s lead attorney, argued during opening statements that “Microsoft has failed to invest, failed to innovate in a manner comparable to Google, in many areas that have nothing to do with scale.”
Google initiated its defense last Thursday and intends to maintain this stance over the next few weeks. Sundar Pichai, Google’s CEO, is expected to play a crucial role in presenting Google’s position. Given his history with the company, Pichai is well-suited to discuss the search products offered by Google.
In 2004, when he first joined the company, Pichai worked on the Google search toolbar. He later headed the team responsible for creating Google’s Chrome browser, which prominently features Google search as the primary option. Pichai was also instrumental in securing the exclusive agreements with Apple.
Currently, Google controls roughly 90% of the U.S. search engine market. The company’s argument is that, although it may be the default browser on most devices, users are not compelled to use its search engine. Google maintains that users can easily switch to another search engine with a few clicks or swipes, but they choose to stay.
In addition to Sundar Pichai, Google plans to call at least ten other witnesses. The trial is expected to continue until the end of November. As it is a bench trial, there is no jury, and the final decision will rest with Judge Amit Mehta.
If Google emerges victorious, the company is likely to continue its business practices as usual. However, if the ruling favors the Justice Department, the consequences for Google remain uncertain, ranging from potential fines to ending exclusive agreements or even corporate restructuring.
“This has the potential to be precedent-setting,” remarked John Kwoka, an economics professor at Northeastern University specializing in antitrust. “So, the stakes are high for everybody.”