What Google Argued to Defend Itself in Landmark Antitrust Trial


Over the previous two and a half weeks, Google has referred to as a dozen witnesses to defend itself in opposition to claims by the Justice Division and a gaggle of state attorneys basic that it illegally maintained a search and promoting monopoly, in a landmark antitrust case that might reshape tech energy.

Google’s attorneys are set to wrap up their arguments within the case — U.S. et al. v. Google — on Tuesday, which will likely be adopted by a authorities rebuttal. Choose Amit P. Mehta of U.S. District Courtroom for the District of Columbia, who’s presiding over the nonjury trial, is predicted to ship a verdict subsequent 12 months after either side summarize their instances in writing and ship closing arguments.

The corporate’s foremost protection has centered on how its actions had been justified and the way it helped shoppers and competitors. Listed below are Google’s foremost arguments.

The center of the U.S. case in opposition to Google is that the corporate paid Apple and different tech platforms to make itself the default search engine on the iPhone and different units, thereby maintaining rivals from competing and stopping Apple from probably growing its personal search product.

However on the witness stand, Sundar Pichai, Google’s chief government, mentioned there was “worth” in being the default search engine on a tool and framed the agreements with different corporations as sound enterprise selections.

Google paid $26.3 billion for its search engine to be the default choice on cell and desktop browsers in 2021, in line with the corporate’s inside information offered in the course of the trial. Most of that, round $18 billion, went to Apple, The New York Occasions has reported. Kevin Murphy, a Google financial professional, testified on Monday that Google shared 36 % of search income from the default take care of Apple.

Mr. Pichai testified that he repeatedly renewed the search engine take care of Apple as a result of it labored properly, resulting in a rise in search utilization and income and benefiting Apple, Google and its shareholders. He mentioned Google paid Apple a lot to guard customers’ search expertise on iPhones, not figuring out if Apple would degrade that have if Google hadn’t improved the monetary phrases of the deal.

“There was lots of uncertainty about what would occur if the deal didn’t exist,” he mentioned.

To rebuff the concept that different serps had been too small to compete for default standing on browsers, Google’s attorneys argued on the trial that rivals had been in a position to win contracts however couldn’t maintain on to them due to the poor high quality of their merchandise.

They cited an occasion in 2014 when Mozilla, which makes the Firefox browser, exited a default-search partnership with Google and chosen Yahoo.

The selection was unpopular with customers and disastrous for the Firefox browser, Mitchell Baker, Mozilla’s chief government, mentioned in a deposition that was performed on the trial. Yahoo’s consumer expertise deteriorated and have become overloaded with advertisements, she mentioned, and it was “heartbreaking” to ship customers to Yahoo. Mozilla returned to Google in 2017.

Authorities attorneys pointed to Google’s greater than 90 % market share in search as proof that the corporate’s actions stifled significant competitors. However Google’s attorneys mentioned its search market share was solely a part of the story, as a result of the corporate competed broadly with extra gamers, together with TikTok and Amazon, the place shoppers search for info on-line.

The federal government additionally accused Google of abusing its place within the on-line advert market. Google once more sought to widen the aperture at trial, saying it was vying for advert spending that might have in any other case gone to any firm from Expedia to Meta, which owns Fb and Instagram.

One thrust of Google’s protection was that its focus and investments in search didn’t hurt shoppers and others, as the federal government has tried to argue, however as a substitute introduced advantages.

On a couple of event, Google referred to the sums of cash it spent on analysis and improvement. Final 12 months, the determine totaled about $40 billion. Prabhakar Raghavan, Google’s head of search, testified that such investments helped the corporate ship the perfect know-how to customers.

“It might be silly of us to not put our greatest foot ahead,” he mentioned. That was the explanation Google employed 8,000 engineers and product managers for its search engine, together with about 1,000 folks targeted on high quality, he added.

Google argued that its rivals had not invested in the identical method. When questioning Satya Nadella, Microsoft’s chief government, earlier within the trial, a Google lawyer pushed him on whether or not Microsoft nonetheless devoted fewer staff to its search engine, Bing, than Google did to its search product. Mr. Nadella averted the specifics of Microsoft’s personnel and mentioned the corporate was investing primarily in core areas of the search enterprise.

Google mentioned it had set the tempo for tech developments. It mentioned it had up to date its Chrome browser each six weeks, extra continuously than Microsoft had historically up to date its browser, Web Explorer. It has launched Android options that compelled Apple to reply, leading to extra apps and different smartphone options, Mr. Pichai testified within the trial.

Throughout cross-examinations, Justice Division attorneys sought to underscore that Google may have introduced extra innovation to customers however didn’t so it may safeguard its monopoly. They pointed to a 2019 Google proposal to create an incognito search engine, which might not have saved any information on customers however may have misplaced the corporate billions in income. Google determined to not construct the browser.

Justice Division attorneys sought to focus on Google’s delay in bringing generative synthetic intelligence to customers, sitting on the know-how till OpenAI launched ChatGPT final November. It was a part of a broader authorities argument that Google had not adequately improved merchandise for shoppers till it felt aggressive stress.

The federal government has additionally accused Google of utilizing its energy in search and advertisements to boost advert costs when it faces a income crunch. The corporate’s staff testified that it balanced its pursuit of income from every advert with making certain that customers typically noticed high-quality advertisements in its search outcomes.

The Justice Division argued within the trial that Google’s actions harmed competitors and denied advantages to shoppers. If the federal government proves that hurt exists, it’s then as much as Google to show that these harms had been outweighed by advantages to competitors created by its actions.

To that finish, Google targeted within the trial on when it launched its search engine and different merchandise and the way its entry into these markets elevated competitors.

When Google rolled out its search engine in 1998, it was to a search market that was dominated by Yahoo, AltaVista and Ask Jeeves, the corporate argued. Its Chrome browser, which debuted in 2008, disrupted a browser market the place Microsoft’s Web Explorer reigned supreme, Google mentioned. And it fostered extra competitors in opposition to Apple’s iPhone with the Android working system, which it launched in 2008, the corporate mentioned.

Cecilia Kang contributed reporting.