*
Ruling paves way for trial on remedies including potential
breakup of Alphabet
*
Google paid $26.3 billion in 2021 to maintain search
engine
dominance, judge noted
*
Senator Klobuchar highlights bipartisan support for
antitrust
enforcement against Big Tech
(Adds White House statement in paragraph 9)
By David Shepardson and Mike Scarcella
WASHINGTON, Aug 5 (Reuters) - A U.S. judge ruled on
Monday that Google violated antitrust law, spending billions of
dollars to create an illegal monopoly and become the world's
default search engine, the first big win for federal authorities
taking on Big Tech's market dominance.
The ruling paves the way for a second trial to determine
potential fixes, possibly including a breakup of Google parent
Alphabet, which would change the landscape of the
online advertising world that Google has dominated for years.
It is also a green light to aggressive U.S. antitrust
enforcers prosecuting Big Tech, a sector that has been under
fire from across the political spectrum.
"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, Washington, D.C., wrote. Google
controls about 90% of the online search market and 95% on
smartphones.
The "remedy" phase could be lengthy, followed by potential
appeals to the U.S. Court of Appeals, District of Columbia
Circuit and the U.S. Supreme Court. The legal wrangling could
play out into next year, or even 2026.
Shares of Alphabet fell 4.5% on Monday amid a broad decline
in tech shares as the wider stock market cratered on recession
fears. Google advertising was 77% of Alphabet's total sales in
2023.
Alphabet said it plans to appeal Mehta's ruling. "This
decision recognizes that Google offers the best search engine,
but concludes that we shouldn't be allowed to make it easily
available," Google said in a statement.
U.S. Attorney General Merrick Garland called the ruling "a
historic win for the American people," adding that "no company -
no matter how large or influential - is above the law."
White House press secretary Karine Jean-Pierre said the
"pro-competition ruling is a victory for the American people,"
adding that "Americans deserve an internet that is free, fair,
and open for competition."
BILLIONS PAID
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," Mehta
wrote. "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."
He added, "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 of last year.
"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 said a drawn-out legal process would delay
any immediate effects for consumers.
In the past four years, federal antitrust regulators have
also sued Meta Platforms ( META ), Amazon.com ( AMZN ) and Apple ( AAPL )
, claiming the companies have illegally maintained
monopolies.
Those cases all began under the administration of former
President Donald Trump.
Senator Amy Klobuchar, a Democrat who chairs the Senate
Judiciary Committee's antitrust subcommittee, said the fact that
the case spanned administrations shows strong bipartisan support
for antitrust enforcement.
"It's a huge victory for the American people that antitrust
enforcement is alive and well when it comes to competition," she
said. "Google is a rampant monopolist."
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.