November 21, 2024 - Virginia, Justice Department Seek Limits to Google Business Practices to End Search Engine Monopoly

Virginia, Justice Department Seek Limits to Google Business Practices to End Search Engine Monopoly

RICHMOND, VA - Virginia Attorney General Jason Miyares joined the U.S. Department of Justice and other state attorneys general in proposing a robust package of remedies to end Google's unlawful monopoly over internet search engines and to restore competition to benefit consumers.

In December of 2020, Virginia joined a bipartisan coalition of 38 state attorneys general in filing a lawsuit alleging that Google illegally maintains its monopoly power over general search engines through anticompetitive contracts and conduct. The multistate lawsuit was accompanied by a federal antitrust lawsuit the Justice Department filed in October 2020.

In a landmark decision in August 2024, a D.C. federal district court judge ruled that Google violated federal antitrust laws by illegally maintaining a monopoly in online search and search text ads. At issue now are the remedies the court will impose to end Google's improper conduct that has stifled competition and harmed consumers, and the steps necessary to restore competition for the benefit of consumers.

"The remedies proposed are reasonable, measured steps to restore competition and protect consumers," said Attorney General Jason Miyares. "Virginia is proud to help produce a balanced resolution that benefits consumers and competitors alike."

The proposed final judgment, or PFJ, filed with the court seeks to end Google's illegal monopoly and restore competition in several ways. The PFJ ends Google's search distribution contracts and revenue sharing agreements by prohibiting Google from paying to be the initial default search engine on any phone, device, or browser. Google is also required to share its data and information-unlawfully obtained through its monopoly power-with rivals to improve the competitive choices available to consumers. This data will be shared in a manner that safeguards personal privacy and security.

Additionally, the PFJ seeks the divestiture of Chrome, the Google browser through which a significant percentage of all Google searches are made. Coupled with that request will be provisions for additional divestitures, including the Android operating system, if Google fails to comply with specific remedies or if the remedies prove ineffective.

Moreover, the PFJ prohibits Google from foreclosing competition or self-preferencing through its ownership or control of other products-including Android. Google cannot make Google Search or Google AI mandatory on Android devices, interfere with rival distribution, degrade rival quality, or leverage distributors to preference Google.

Google must also give publishers the ability to opt out of having their data collected by Google for training Google's AI models or used in Generative AI answers.

The states alone also propose a public education campaign funded by Google to inform consumers what Google did, why it is illegal, and what choices they actually have in search engines.

The final order establishes a five-member technical committee to implement, monitor, and enforce the remedies for ten years.

A hearing on the proposed remedies is currently scheduled to begin on April 22, 2025, and conclude by May 2.

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