By Aditya Soni
Aug 6 (Reuters) - Apple's ( AAPL ) lucrative deal with
Google could be under threat after a U.S. judge ruled
that the Alphabet-owned search giant was operating an illegal
monopoly.
A potential remedy for Google to avoid antitrust actions
could involve terminating the agreement, which makes its search
engine a default on Apple ( AAPL ) devices, Wall Street analysts said on
Tuesday.
Google pays Apple ( AAPL ) $20 billion annually, or about 36% of what
it earns from search advertising made through the Safari
browser, for the privilege, according to Morgan Stanley
analysts.
If the deal is undone, the iPhone maker could take a 4-6%
hit to its profit, the analysts estimated.
The pact runs until at least September 2026 and Apple ( AAPL ) has
the right to unilaterally extend it for another two years,
according to media reports in May that cited a document filed by
the Department of Justice in the antitrust case.
"The most likely outcome now is the judge rules Google must
no longer pay for default placement or that companies like Apple ( AAPL )
must proactively prompt users to select their search engine
rather than setting a default and allowing consumers to make
changes in settings if they wish," Evercore ISI analysts said.
Apple's ( AAPL ) shares were trading flat on Tuesday, underperforming
a recovery in the broader market after Monday's global selloff.
Alphabet was little changed, after falling 4.5% in the previous
session.
"The message here is that if you've got a dominant market
position with a product, you'd better avoid the use of exclusive
agreements and make sure any agreement you make gives the buyer
free choice to substitute away," said Herbert Hovenkamp, a
professor of law at the University of Pennsylvania.
To be sure, the "remedy" phase could be lengthy, followed by
potential appeals to the U.S. Court of Appeals, the District of
Columbia Circuit and the U.S. Supreme Court. The legal wrangling
could play out into 2026.
AI TILT
Still, if the tie-up is scrapped, Apple ( AAPL ) will have several
options including offering customers alternatives such as
Microsoft Bing to customers, or potentially a new search product
powered by OpenAI.
Analysts agree that the ruling will speed up Apple's ( AAPL ) move
towards AI-powered search services. It recently announced that
it would bring OpenAI's ChatGPT chatbot to its devices.
In a shift away from exclusive deals that would help Apple ( AAPL )
ward off regulatory scrutiny, the company has said it is also in
talks with Google to add the Gemini chatbot and plans to add
other AI models as well.
Apple ( AAPL ) is also revamping Siri with AI technology, giving it
more control to handle tasks that had proven tricky in the past
such as writing emails and interacting with messages.
While those efforts are expected to make little money in the
coming years, they could help capitalize on the new technology.
"Apple ( AAPL ) could see this as a temporary setback, especially
since it earns a lot from the Google search deal, but it is also
an opportunity for them to pivot to AI solutions for search,"
said Gadjo Sevilla, analyst at Emarketer.