‘Monumental’ antitrust case between Google, Justice Department begins in Washington, DC

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An antitrust challenge against Google that the Justice Department is describing as a "monumental case" is kicking off Tuesday in Washington, D.C. 

The Justice Department and 11 attorneys general filed a civil antitrust lawsuit against the tech giant in the U.S. District Court for the District of Columbia in October 2020 to "stop Google from unlawfully maintaining monopolies through anticompetitive and exclusionary practices in the search and search advertising markets and to remedy the competitive harms." 

"As one of the wealthiest companies on the planet with a market value of $1 trillion, Google is the monopoly gatekeeper to the internet for billions of users and countless advertisers worldwide," the Justice Department said at the time. "For years, Google has accounted for almost 90 percent of all search queries in the United States and has used anticompetitive tactics to maintain and extend its monopolies in search and search advertising.    

"As alleged in the Complaint, Google has entered into a series of exclusionary agreements that collectively lock up the primary avenues through which users access search engines, and thus the internet, by requiring that Google be set as the preset default general search engine on billions of mobile devices and computers worldwide and, in many cases, prohibiting preinstallation of a competitor," it added. 

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U.S. Department of Justice lawyers, including Kenneth Dintzer, center, and Megan Bellshaw, right, arrive at the E. Barrett Prettyman U.S. Federal Courthouse onTuesday, Sept. 12, in Washington, D.C. Google will confront a threat to its dominant search (AP/Nathan Howard / AP Images)

One of those agreements, the Justice Department said, is a long-term deal with Apple that requires Google "to be the default -- and de facto exclusive -- general search engine on Apple’s popular Safari browser and other Apple search tools." 

Then-U.S. Attorney General William Barr said the litigation is "a monumental case both for the Department of Justice and for the American people." 

"This case is about the future of the internet and whether Google’s search engine will ever face meaningful competition," Kenneth Dintzer, the Justice Department’s lead litigator, was quoted by The Associated Press as saying Tuesday. 

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In a statement last week, Ken Walker, President of Global Affairs at Google and Alphabet, said "We plan to demonstrate at trial that our Search distribution agreements reflect choices by browsers and device makers based on the quality of our services and the preferences of consumers. 

Various Google logos are seen when searched on Google. The Justice Department is alleging Google is "unlawfully maintaining monopolies through anticompetitive and exclusionary practices." (AP/Richard Drew / AP Images)

"Making it easier for people to get the products they want benefits consumers and is supported by American antitrust law," he added. "In sum, people don't use Google because they have to -- they use it because they want to."

"Our promotion and distribution of Google Search hasn’t harmed competition or reduced consumer choice. To the contrary, there are more ways than ever to find information today," he continued. "Just think about how you use the internet -- you may look for recommendations on TikTok, Reddit or Instagram, find music and podcasts on Spotify, ask ChatGPT a question, or shop on Amazon"

"Browser makers like Apple and Mozilla choose to feature a default search engine. They open competition for the default and pick the best search provider for their users. We compete hard for that placement, so that users can easily access Google Search," Walker also said. "We’re proud that browser makers opt to show Google Search based on the quality of our products."

Google's top litigator John Schmidtlein arrives at the E. Barrett Prettyman U.S. Federal Courthouse on Tuesday in Washington, D.C. (AP/Nathan Howard)

Top executives from Google and its parent Alphabet Inc. are expected to testify during the trial, but U.S. District Judge Amit Mehta likely will not issue a verdict until early next year, according to the AP. 

The Justice Department also filed a lawsuit against Google earlier this year alleging the company has dominance over the online ad space.

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"Google’s anticompetitive behavior has raised barriers to entry to artificially high levels, forced key competitors to abandon the market for ad tech tools, dissuaded potential competitors from joining the market, and left Google’s few remaining competitors marginalized and unfairly disadvantaged," the Justice Department and eight states alleged in January.

FOX Business' Anders Hagstrom contributed to this report.