The U.S. Department of Justice on Wednesday proposed to a judge to require Google to sell its Chrome browser, share data and search results with competitors, and take other measures to end its monopoly in online search. Google may even be forced to sell the Android smartphone system.
The proposed measures by the Department of Justice would last for ten years and be overseen by a committee appointed by a court to address the illegal monopolies in search and related advertising that the judge in charge of the case believes exist in the United States.
This case is a landmark one that could reshape how users access information. As many as 90% of searches in the United States are handled by Google.
Lawyers for the Department of Justice argued in court documents that selling Chrome “would permanently stop Google’s control over this key search access point and allow competitors’ search engines to access the browser, which serves as the internet gateway for many users.”
The proposals by the Department of Justice and state anti-monopoly enforcers include ending Google’s exclusive agreements with Apple and other device manufacturers. Google pays these companies billions of dollars each year to make its search engine the default option on their tablets and smartphones.
Google said in a statement on Thursday that these proposals were shocking.
Kent Walker, the Chief Legal Officer of Google’s parent company Alphabet, stated, “The DOJ’s approach will lead to unprecedented government overreach, which will harm American consumers, developers, and small businesses, and jeopardize the country’s leadership position in the global economy and technology at a time when it is needed most.”
U.S. District Judge Amit Mehta announced that the Washington, D.C. court will begin relevant hearings in April next year and hopes to issue a final ruling before Labor Day on September 1st. This judge ruled in August that Google is a monopolist.
However, some analysts believe that under a new administration led by President Trump, the decision-makers at the Department of Justice handling this case may not be as aggressive. If Trump replaces Jonathan Kanter, the Assistant Attorney General overseeing anti-monopoly efforts appointed by Biden, the Department of Justice may relax its attempts to break up Google.
Trump recently expressed concerns that breaking up Google could destroy the company but did not detail alternative punishments he might consider. He stated last month, “If we don’t do the big deal, what we’re doing is we’re making sure that it’s fair.”
Former Republican Congressman Matt Gaetz, whom Trump nominated as the next U.S. Attorney General, has previously called for breaking up large tech companies.
If the judge adopts the government’s proposal, Google will be required to sell its 16-year-old Chrome browser within six months after the final ruling. The company is sure to appeal any penalty, which could prolong this legal battle that has been ongoing for over four years.
The Department of Justice’s proposals are extensive, including barring Google from re-entering the browser market for five years and requiring Google to sell its Android smartphone operating system if other remedies fail to restore competition.
The Department of Justice also demands that Google be prohibited from acquiring or investing in search competitors, related artificial intelligence products, or advertising technology.
The proposal further states that Google should not enter into contracts with publishers that grant it exclusive rights to publisher content.
Once the proposal is approved, a five-member technical committee will be appointed by the judge to enforce these provisions. Google will bear the cost of this committee, which will have the power to request documents, interview employees, and delve into software code.
Google’s Chrome browser is the most widely used web browser globally and is a cornerstone of Google’s business, providing user information to Google to aid in more effective and profitable advertising.
Prosecutors argue that Google’s use of Chrome and Android prioritizes its own search engine, damaging competitors.
However, Google argues that forcing it to divest Chrome and Android would harm companies that develop their own products based on these platforms because Chrome and Android are open-source and free.
The proposal would prohibit Google from requiring devices running the Android system to include its search or artificial intelligence products.
The proposal states that Google can choose to sell the software. But any potential buyer will need approval from the U.S. Department of Justice and state anti-monopoly enforcement agencies.
Google will have the opportunity to present its own proposal in December.
According to the proposal, Google would sell licenses for access to Google search results to competitors at a symbolic cost and share data collected from users with competitors for free. Due to privacy concerns, Google would be prohibited from collecting any user data that cannot be shared.
The proposals were formulated after discussions with companies competing against Google, such as the search engine DuckDuckGo.
A spokesperson for DuckDuckGo stated, “We believe this is a very important matter that will lower barriers to competition.”
DuckDuckGo accuses Google of trying to circumvent data sharing rules required by the European Union. Google, however, says it will not compromise user trust by harming competitors through providing sensitive data.
(References: Reuters and Associated Press)