Every wonder how a noun becomes a verb? Why we don’t use a ‘search engine’, but rather we ‘Google’ something? No, it’s not because Larry and Sergey built a great product and are marketing whizzes. According to a new antitrust lawsuit from the US Department of Justice, it’s the result of behind the scenes use of market power to illegally exert control over an industry.
Search Monopoly
The DOJ lawsuit is going after Google’s search function, which controls 80% of all searches in the United States. The internet giant is accused of illegally maintaining its monopoly position through exclusive contracts which lock out competition, and stifle innovation.
The contracts include:
- Billions of dollars to Apple to make Google the default search engine on iPhones.
- Deals with phone manufacturers who use Android to pre-load Google search.
Search Success
By the numbers Google’s search strategy is wildly successful. In 2019 the company's search revenue was $34.3 billion, it is expected to grow to $42.5 billion by 2022.
Alphabet, Google’s parent company, is valued at $1.04 trillion and has $120 billion in cash.
Bipartisan Background
The suit may appear, and may be partially, politically motivated, with conservatives accusing Google and other tech companies of bias, but there is support for antitrust enforcement on both sides of the aisle. Not to mention Google has undergone a similar ordeal before, settling a 10 year investigation in 2013.
Attorney General Bill Barr, a Republican, leads the Justice Department and has been speaking of bringing a suit for over a year. He pushed for the case to be filed ahead of the election.
Senator Elizabeth Warren, a Democrat, is a long time critic of monopolopies including the ones which exist in the tech sector. She made breaking up big tech a central tenet of her presidential campaign last year.
The House Judiciary Committee, made up of Republicans and Democrats, held hearings to grill the CEOs of Facebook, Apple, Google and Amazon on their monopolistic practices this summer.
Under International Pressure
It’s not just American legislators who are needling Google. The European Union has filed three suits against the company, the UK and Australia are each investigating Google’s power in the online advertising market.
It’s not just American legislators who are needling Google. The European Union has filed three suits against the company, the UK and Australia are each investigating Google’s power in the online advertising market.
Canada started an investigation into Google’s anti-competitive practices in 2013 but dropped it in 2016.
What’s Next
Unlike Google search results, the outcome of this suit won’t be lightning fast. Google has assembled the best legal team in the world and is sitting on enough cash to spend freely on their defence. Ultimately, the case will likely make its way to the already business friendly Supreme Court. Expect a decade before a settlement.
In the nearer term, lookout for more lawsuits. A number of States have conducted their own investigations into Google and could bring similar state level court cases. It would also be unsurprising to see similar federal cases brought against the rest of the FAANG.