• An ongoing case, U.S. v. Google, promises to be the most significant technology antitrust trial in the U.S. in decades.
• The case involves allegations that Google violated a prohibition on using exclusionary practices to maintain a monopoly under the Sherman Act.
• These allegations center on Google’s browser agreements with Apple and Mozilla, under which Google is the default search engine for web browsers provided by those companies.
• The allegations also concern Google’s agreements with mobile device manufacturers that require Google’s applications to be preinstalled on Android phones.
• On September 12, 2023, the most significant U.S. technology antitrust trial in decades opened in a Washington, D.C. federal district court. In U.S. v. Google, the U.S. Department of Justice (DOJ) and 38 state and territory attorneys general allege that Google has violated Section 2 of the Sherman Act, an antitrust law originally enacted in 1890. The Sherman Act prohibits using exclusionary practices to maintain a monopoly. The DOJ and state attorneys general assert that Google has done just that in relation to certain internet search services. As often occurs, the case was narrowed in the months leading up to the start of the trial. Here is an overview of some of the key questions being addressed at the trial, which is expected to last several months.

See also TechCrunch: Google Agrees To Reform Its Data Terms After German Antitrust Intervention – “Following preliminary objections over Google’s data terms, set out back in January by Germany’s antitrust watchdog, the tech giant has agreed to make changes that will give users a better choice over its use of their information, the country’s Federal Cartel Office (FCO) said today. The commitments cover situations where Google would like to combine personal data from one Google service with personal data from other Google or non-Google sources or cross-use these data in Google services that are provided separately, per the authority. Following preliminary objections over Google’s data terms, set out back in January by Germany’s antitrust watchdog, the tech giant has agreed to make changes that will give users a better choice over its use of their information, the country’s Federal Cartel Office (FCO) said today. The commitments cover situations where Google would like to combine personal data from one Google service with personal data from other Google or non-Google sources or cross-use these data in Google services that are provided separately, per the authority. Per the FCO decision document (PDF): “The Commitments cover in principle all services operated by Google and directed to end users in Germany with more than one million monthly active users (MAU) in Germany [and Android Automotive whether it meets that threshold or not].”