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Google's Grip on Search Gets Gently Grounded

Vaidehi Mehta, Esq.

Article by: Vaidehi Mehta, Esq.

Attorney Writer

Reviewed by Joseph Fawbush, Esq. | Last updated on

The long-running antitrust battle between Google and the United States government has unfolded over several years, drawing in dozens of states and capturing national attention. Finally, last week, a federal judge has handed down sweeping — but carefully measured — remedies aimed at curbing the tech giant’s search monopoly.

How We Got Here

The saga began in October 2020, when the Department of Justice (DOJ), joined by Attorneys General from eleven states, filed a civil antitrust lawsuit against Google. The government alleged that Google had engaged in exclusionary and anticompetitive business practices, violating Section 2 of the Sherman Act. Central to the complaint were claims that Google had struck deals with companies like Apple to make its search engine the default on browsers and devices, often making it difficult or impossible for users to switch to competitors. The DOJ argued that these agreements created a self-reinforcing cycle, using monopolistic profits to further entrench Google's dominance and stifle competition.

As both sides prepared their cases, they produced millions of documents and over 150 depositions. The DOJ drew parallels to its landmark case against Microsoft, emphasizing that antitrust laws prohibit tech giants from using preinstalled defaults and restrictive agreements to shut out rivals. Google's global market share in search remained overwhelming, with only Bing managing a small foothold.

The legal drama reached key milestones in 2024 and 2025. In August 2024, Judge Amit Mehta found that Google maintains a monopoly in the search engine marketplace through its agreements with device makers, violating the Sherman Act. Although Mehta imposed no immediate penalties, remedies ranging from fines to breaking up Google's parent company, Alphabet, were considered.

While Google vowed to appeal the decision, the remedies phase went forward, with approximately six months of discovery concluding this past April. Both parties submitted proposed final judgments, and a three-week evidentiary hearing was held during which each side presented evidence and witnesses before closing arguments took place in late May. Finally, last week, Judge Mehta issued a memo setting out findings of fact and conclusions of law regarding appropriate remedies.

Guiding Principles

The proposed remedies were put forward by both the government plaintiffs and Google. The DOJ and participating state governments submitted a comprehensive slate of remedies designed to restore competition in the general search market and protect the GenAI market from similar anticompetitive effects. Google, on the other hand, proposed far narrower remedies, mainly focused on prohibiting it from entering or maintaining unlawful exclusive distribution agreements.

Judge Mehta’s decision on those remedies was guided by several key principles, all focused on fairness, effectiveness, and practicality. His main goal was to restore competition by fixing the harm caused by Google’s illegal actions and preventing similar anticompetitive conduct in the future. He emphasized that Google should not keep any unfair advantages or profits gained from breaking the law.

The remedies had to fit the seriousness and impact of Google’s wrongdoing (neither too harsh nor too lenient) and avoid unnecessary harm to other companies, partners, or consumers. Judge Mehta also aimed to encourage innovation and protect consumer choice, steering clear of remedies that might slow technological progress. Recognizing the court’s limited expertise in technology and business, he favored clear, manageable solutions rather than micromanaging Google’s operations.

Injunctions and Remedies

Judge Mehta decided to accept several prohibitory injunctions. For one, Google cannot enter into or keep any exclusive contracts that would make its search engine, Chrome browser, Google Assistant, or Gemini app the only option on devices, browsers, or as a default for more than one year at a time. For another, Google is not allowed to make deals that require device makers or partners to bundle these products together in exchange for access to other Google apps or payments.

The judge also accepted several behavioral remedies to help restore competition and prevent Google from unfairly maintaining its dominance. For one, Google must share certain search index data (such as a list of web pages it has crawled, when they were added or updated, and spam scores) with qualified competitors through a one-time data release. Next, Google has to provide some user-interaction data (such as how people click on search results) and allow limited sharing of this data with competitors, up to a capped number of times during the judgment period, with privacy safeguards in place. Thirdly, Google must publicly disclose any material changes it makes to its ad auctions that could affect pricing, so advertisers and competitors have more transparency.

There’s a lot more. Take a sip of your coffee, because the next few remedies contain a lot of industry jargon.

Technical Stuff

Google has a “super query log” called “Glue” that collects user-interaction data (such as how people click on search results). The company was ordered to share a limited amount of this data with competitors, up to a capped number of times during the judgment period, with privacy safeguards in place. Google must share the underlying user-interaction data used to build statistical models like Glue, but not the models or signals themselves. This remedy is intended to help qualified competitors improve their own search quality by giving them access to valuable user-interaction data that Google accumulated through its scale advantage.

On top of that, Google was ordered to offer search syndication services to “qualified competitors” for five years. This means Google must provide access to its ranked organic web search results (obtained from crawling the web) and certain related features, on terms no less favorable than it currently offers to other commercial partners. The syndication must occur at market rates (not at marginal cost), and use restrictions consistent with ordinary commercial practice are allowed. In the first year, a Qualified Competitor can syndicate up to 40% of its queries from Google, with this cap tapering down over time to encourage the competitor to build its own search capabilities. Syndication is intended as a short-term bridge to help competitors deliver high-quality search results while they develop their own independent systems. Google is not required to syndicate all features or data — only those it currently provides in commercial agreements — and cannot be forced to respond to synthetic queries or provide FastSearch results.

Google was also ordered to offer search text ad syndication services to “qualified competitors” for five years. This means Google must allow these competitors to show Google’s search text ads (ads that look like regular search results but are paid placements) on their own websites or apps. The terms must be no worse than those Google offers to other users of its search text ads syndication products, such as AdSense for Search, and the service must include all types of search text ads that appear on Google’s own results page. In short, Google has to let eligible competitors show its search text ads on fair terms for five years, helping them compete while they build up their own advertising systems.

What Google Got Away With

If that sounds like a win for the plaintiffs, keep in mind that there were a bunch of remedies that the government proposed that the court did not impose. For example, Judge Mehta did not order Google to sell off its Chrome browser or Android operating system, finding these structural changes too drastic and not directly tied to the violations. He also refused to ban Google from making payments to partners, since this could hurt device makers, carriers, and consumers by reducing innovation and raising prices. Other rejected remedies included forcing Google to display choice screens for users to pick their default search engine, requiring Google to share detailed ad data with advertisers, mandating a public education campaign funded by Google, and imposing broad anti-retaliation or anti-circumvention rules. The court also declined to require Google to give publishers more control over how their content is used or to report all investments and acquisitions.

Some industry experts are skeptical about whether the remedies ordered will be enough to foster true competition or significantly challenge Google's dominance. Financially, while restrictions could impact billions in annual payments for default search placements, the market viewed the outcome as favorable to Google compared to a potential breakup. Alphabet shares rose 8% after the announcement.

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