WASHINGTON, Aug 5 (Reuters) - Alphabet's
Google broke the law with monopolistic behavior over online
search and related advertising, a federal judge ruled on Monday,
the first victory for U.S. antitrust authorities who have filed
several lawsuits challenging Big Tech's market dominance.
The decision is a significant win for the Justice
Department, which had sued the search engine giant over its
control of about 90% of the online search market, and 95% on
smartphones.
"The court reaches the following conclusion: Google is a
monopolist, and it has acted as one to maintain its monopoly,"
U.S. District Judge Amit Mehta wrote.
His ruling paves the way for a second trial to determine
potential fixes, such as breaking up the company or requiring
the company to stop paying smartphone makers billions of dollars
annually to set Google as the default search engine on new
phones.
The "remedy" phase could be lengthy, followed by potential
appeals to the D.C. Circuit and U.S. Supreme Court. The legal
wrangling could play out into next year, or even 2026.
Shares of Google parent Alphabet fell 4.3% on
Monday as part of a broad tech share decline.
Alphabet said it plans to appeal Judge Mehta's ruling.
Mehta noted that Google had paid $26.3 billion in 2021 alone
to ensure that its search engine is the default on smartphones
and browsers, and to keep its dominant market share.
"The default is extremely valuable real estate... Even if a
new entrant were positioned from a quality standpoint to bid for
the default when an agreement expires, such a firm could compete
only if it were prepared to pay partners upwards of billions of
dollars in revenue share and make them whole for any revenue
shortfalls resulting from the change," Mehta wrote.
He noted "Google, of course, recognizes that losing defaults
would dramatically impact its bottom line. For instance, Google
has projected that losing the Safari default would result in a
significant drop in queries and billions of dollars in lost
revenues."
The ruling is the first major decision in a series of cases
taking on alleged monopolies in Big Tech. This case, filed by
the Trump administration, went before a judge from September to
November.
"A forced divestiture of the search business would sever
Alphabet from its largest source of revenue. But even losing its
capacity to strike exclusive default agreements could be
detrimental for Google," said Emarketer senior analyst Evelyn
Mitchell-Wolf, who noted a drawn out legal process will delay
any immediate effects for consumers.
In the past four years, federal antitrust regulators
have also sued Meta Platforms, Amazon.com, and
Apple Inc, claiming the companies have illegally
maintained monopolies. Another case against Google over its
advertising technology is scheduled to go to trial in September.
Speaking before the ruling, William Kovacic, a professor at
George Washington University Law School, said a DOJ victory is
likely to boost the morale of antitrust enforcers in other
cases.
"It's very good for their larger campaign to apply the
law effectively in this sector," he said.
When it was filed in 2020, the Google search case was the
first time in a generation that the U.S. government accused a
major corporation of an illegal monopoly. Microsoft settled with
the Justice Department in 2004 over claims that it forced its
Internet Explorer web browser on Windows users.