WASHINGTON, May 3 (Reuters) -
Google and the U.S. Justice Department clashed in court on
Friday over claims that the Alphabet unit unlawfully
schemed to dominate search advertising, during closing arguments
in a case the government contends could shape the "future of the
internet."
U.S. District Judge Amit Mehta in Washington grilled
both sides with questions, probing whether competitive platforms
such as ByteDance's TikTok and Meta's Facebook and Instagram are
competitive substitutes for search advertising dollars.
Mehta called platform "substitutability" for advertisers
a central issue the court must resolve, as he prepares to render
a major decision in coming months on whether Google's conduct
broke antitrust law.
The judge also questioned whether Google assesses
competitors' pricing before making its own adjustments. Google's
advertising business is responsible for about three quarters of
its revenue.
U.S. government lawyer David Dahlquist argued that
"advertising revenue is what drives Google's monopoly power
today."
Google boasted it has no real market pressure, Dahlquist
said, arguing that the company does not fear increasing its
pricing or not improving its products. "Only a monopolist can
make a product worse and still make more money," Dahlquist
argued.
Google's lawyer John Schmidtlein on Friday countered
that Google's share of U.S. digital advertising revenue has
steadily decreased. He touted the advertising power of rival
platforms ByteDance's TikTok, Meta's Facebook and Instagram, and
Amazon ( AMZN ).
Schmidtlein argued that Google is "constrained" by rival
platforms "where the eyeballs are," because advertisers know
there are overlapping audiences and can spend dollars away from
Google.
He also asserted that Google was continually moving to
innovate its search advertising products. "If Google is a
monopolist, why improve anything? Why not just jack the price
up?" he told the court.
The Justice Department has hammered away at Google in a
trial that started on Sept. 12, contending the search engine
giant is a monopolist that illegally abused its power to boost
profits.
Witnesses from Verizon, Android maker Samsung
Electronics ( SSNLF ) and Google itself testified about the
company's annual payments - $26.3 billion in 2021 - to ensure
that its search is the default on smartphones and browsers, and
to keep its dominant market share.
Mehta is expected on Friday to take up the government's
claim that Google intentionally destroyed internal documents
that were relevant to the issues in the lawsuit. The government
wants Mehta to presume that Google deleted chats that were
unfavorable to the company.
Google has defended its data preservation practices, calling
them reasonable, and urged the court not to sanction the
company.
The court is not expected to issue an oral ruling at the
conclusion of the argument.
This case, filed by former President Donald Trump's
administration, was the first of five aimed at reining in the
market power of tech leaders.
The second, against Facebook parent Meta, was also filed
during the Trump administration. President Joe Biden's antitrust
enforcers have followed with a second case against Google and
cases against Amazon.com ( AMZN ) and Apple Inc. ( AAPL )