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Yost, Other AGs and DOJ Propose Final Judgment to Rein In Google’s Anticompetitive Practices

11/21/2024

COLUMBUS, Ohio) — Ohio Attorney General Dave Yost, 37 of his colleagues and the U.S. Department of Justice have recommended a plan to resolve Google’s anticompetitive conduct and promote fair competition in the internet search and advertising markets.

The proposed final judgment, filed in the U.S. District Court for the District of Columbia, marks the most recent development in a lawsuit dating to 2020 that accuses Google of illegally maintaining a monopoly through exclusionary contracts and other conduct.

“Greater choices and transparency are the framework for true competition,” Yost said. “Addressing Google’s anticompetitive behavior is crucial to protecting consumers – our top priority.”

The proposal asks the court to implement a series of remedies to curb Google’s monopolistic practices, including a divesture of the Chrome browser from Google to restore competition in the general search market.

The key provisions include:

  • Search-engine choice. Google would no longer be allowed to pay for default search-engine placement on devices, browsers or other search access points. Instead, it could display a “choice screen” — offering users alternatives — that would be subject to the approval of a Technical Committee and, ultimately, the attorneys general and Department of Justice (DOJ).
  • Data sharing. Google would be required to provide specified search-engine and advertising data to competitors, enabling short-term competition and promoting long-term innovation in the marketplace by allowing competitors to quickly generate enough scale to meaningfully compete.
  • Consumer education. Google would fund a public educational campaign to inform users about the outcomes of the judgment and the new choice-screen options. Users selecting non-Google search engines would possibly be eligible for short-term financial incentives.
  • Prohibition on self-preferencing. Google would be prohibited from using its control over other products, such as Android, to undermine the judgment’s remedies. Significant penalties, including the divestiture of Android, may be imposed for violations.
To oversee implementation and enforcement of the judgment, a five-member Technical Committee would be established to monitor Google’s compliance and report the company’s progress to the attorneys general. Most of the judgment provisions would remain in effect for 10 years, ensuring long-term accountability and market fairness.

In addition to Yost and the DOJ, the coalition includes the attorneys general of Alaska, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Utah, Virginia, Washington, West Virginia, Wyoming, the District of Columbia, Guam and Puerto Rico.

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