The US Department of Justice (DOJ) has once again called for Google to divest and sell its Chrome web browser, according to a judicial filing from March 7. This isn’t the first time the DOJ has proposed such a measure; in fact, it was initially suggested last year. Although the move seemed unlikely at the time, given the possibility of Donald Trump’s return to the presidency, the proposal has since gained traction. However, some adjustments have been made, such as dropping the requirement for Google to fully divest from artificial intelligence (AI) investments, allowing the company to maintain strategic investments like those in Anthropic.
A Developing Case
On August 5, 2024, Judge Amit P. Mehta ruled that Google had maintained an illegal monopoly, acting over the years to strengthen its market dominance. In November, the DOJ submitted a final proposed judgment stating that “Google has unlawfully maintained its monopolies in general search services and search advertising through a web of anticompetitive practices.” Among the structural remedies recommended was the mandatory sale of Chrome. Google responded in December with an alternative proposal based on three pillars: browser agreements, Android contracts, and compliance oversight. Now, the DOJ has presented a revised version of its proposal, softening certain AI-related demands while maintaining its stance on the sale of Chrome.
A Monopoly Under Scrutiny
In the judicial document, the DOJ, through Omeed Assefi, stated: “Google’s illegal conduct has created an economic giant that distorts the market to ensure that, no matter what happens, Google always wins.” As a result, although the DOJ maintains its position on the sale of Chrome, it has relaxed its approach to artificial intelligence. It no longer demands mandatory divestment from AI but instead requires prior notification for future investments. Furthermore, it leaves the possible divestment of Android to the discretion of the court, depending on how the market and competition evolve.
Key Demands by the DOJ Against Google
The judicial document outlines several key measures, including:
- Prohibition on exclusive distribution payments: Google cannot pay third parties (including Apple and other partners) to be the default search engine on devices or browsers.
- Divestment of Chrome: Google must sell its Chrome browser to eliminate its monopolistic advantage in online search access.
- Possible divestment of Android: If other measures fail, the DOJ may require the sale of Android to prevent Google from using it to favor its own services.
- Restriction on publisher agreements: Google cannot sign contracts that limit the ability of publishers or websites to license data to other search engines or AI companies.
- Increased transparency and data access: Google must share key data with competitors to foster competition in the advertising and search sector.
- Implementation of choice screens: All devices and browsers with Google pre-installed must offer an option for users to choose their preferred search engine.
- Supervision and compliance: A technical committee and compliance officer will be established to ensure Google adheres to the new regulations.
Google’s Defense
This initiative is part of an antitrust lawsuit filed by the DOJ alongside 38 state attorneys general, leading Judge Mehta to rule that Google acted illegally to maintain its search monopoly. Google, in turn, has announced that it will appeal the decision and has presented its own proposal. A Google spokesperson told Reuters that the DOJ’s proposals go beyond the court’s decision and could harm consumers and the US economy. Google still has the opportunity to reverse the ruling in April when it appears before Judge Amit P. Mehta to present its defense.