Public Knowledge Commends Justice Department on its Proposed Final Judgment for Remedies in U.S. v. Google

The remedies outline ways in which the court can rectify Google's monopolistic behaviors in the search market.

Yesterday, the U.S. Department of Justice submitted its final proposed remedy to Judge Amit P. Mehta of the U.S. District Court for the District of Columbia in U.S. v. Google (2020), in which Judge Mehta ruled that Google monopolized the search market as well as the market for general search text advertising. The proposed remedies outline ways in which the court can rectify Google’s monopolistic behaviors in search so that the market, startups, advertisers, publishers, and consumers can all begin benefitting from more competition in the online search market. Google is expected to respond by submitting its own remedy to the court December 20. Public Knowledge supports the DOJ’s final proposal, which critically encompasses both structural and behavioral relief to address Google’s anticompetitive harms in online search.

The following can be attributed to Elise Phillips, Policy Counsel at Public Knowledge:

“We are pleased with the Department of Justice’s remedy proposal. The divestiture of Google’s Chrome browser directly disrupts Google’s ability to use its browser dominance to push users towards its own services. Unbundling Android from Google products, or divesting it completely either voluntarily or in the event of noncompliance, creates opportunities for other app stores or services to compete more fairly. 

“The DOJ also understands that, for a truly effective remedy, a simple break up is not enough – multiple conduct mandates are needed, such as prohibiting default search payments and restrictive distribution agreements, as well as barring the acquisition of companies that directly compete with Google. Additional suggestions, such as the no-cost license of click-and-query data to competitors and the allowance for publishers to opt out of their content being used to train Google’s artificial intelligence products, are critical to balancing the scales of power in online search. 

“This remedy tackles both Google’s anticompetitive conduct and prevents further abuse of its dominant market position, leading to a stronger, more competitive environment that improves consumer choice and boosts innovation. We applaud the DOJ’s diligent work on this case over the past four years and remain hopeful that Judge Mehta will reasonably consider these proposals during the remedies trial in the spring.”

View our series on this trial, beginning with “What the Landmark U.S. v. Google Antitrust Suit Means for Search — And for You,” to learn more about the case and its consumer impact. You may also view our latest blog post, “U.S. v. Google: What’s Next? The Need for Effective Remedies” to learn more about how the court’s remedies can cut through the power of defaults and allow smaller rivals to effectively compete as market alternatives.

Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.