Google Found to Have Abused its Monopoly Power by D.C. District Court

In a closely followed case that parallels the Department of Justice’s (DOJ) 1990s Microsoft antitrust victory, a D.C. district court has ruled that Google is a monopolist and has maintained its monopoly positions through anticompetitive means—exclusive distribution agreements. What this means for Google remains unclear. The Microsoft case by no means unequivocally increased browser competition but did eliminate certain contracts after that court rejected structural remedies such as a breakup. The Google case now will head toward a similar remedy phase. Will eliminating Google’s exclusivity contracts, for which it pays distribution partners billions of dollars, open up search competition? Will the decision itself survive the appellate process? How will this decision impact the other DOJ/Google antitrust case, known as “Ad Tech,” going to trial in Virginia? Stay tuned and follow the case with Practical Guidance.

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