ATTORNEY GENERAL RAOUL, U.S. DEPARTMENT OF JUSTICE SEEK REMEDIES TO END GOOGLE'S SEARCH ENGINE MONOPOLY

November 21, 2024

Chicago - Attorney General Kwame Raoul today joined the U.S. Department of Justice (DOJ) and a bipartisan coalition of 38 attorneys general in announcing a robust package of remedies to end Google's unlawful monopoly over internet search engines and restore competition to benefit consumers.

"For too long, Google has maintained a monopoly as an online search engine. The remedies included in our proposed final judgement will ensure increased competition for consumers who have been left with few alternatives to Google's platform," Raoul said. "Consumers deserve to have a choice and the confidence that they are getting the best search results. I will continue to work to increase options for consumers and reign in anticompetitive behavior wherever it occurs."

In 2020, Raoul and a bipartisan coalition of attorneys general filed a lawsuit against Google alleging that Google illegally maintains its monopoly power over general search engines through anticompetitive contracts and conduct. The multistate lawsuit was a companion to an earlier federal antitrust lawsuit the DOJ filed in October 2020.

In a landmark decision in August 2024, a D.C. federal district court judge ruled that Google violated federal antitrust laws by illegally maintaining a monopoly in online search and search text ads. At issue now are the remedies the court will impose to end Google's improper conduct that has stifled competition and harmed consumers, and the steps necessary to restore competition for the benefit of consumers.

The proposed final judgement, filed today by Raoul and the coalition, seeks to end Google's illegal monopoly and restore competition in several ways. The proposal would end Google's search distribution contracts and revenue sharing agreements by prohibiting Google from paying to be the initial default search engine on any phone, device or browser. Google is also required to share its data and information - unlawfully obtained through its monopoly power - with rivals to improve the competitive choices available to consumers. This data will be shared in a manner that safeguards personal privacy and security.

Additionally, the proposed final judgement seeks the divestiture of Chrome, the Google browser through which a significant percentage of all Google searches are made. If Google fails to comply with specific remedies - or if the remedies prove ineffective - the proposal calls for additional divestitures from Google, including the Android operating system.

Moreover, the proposed final judgment prohibits Google from foreclosing competition or self-preferencing through its ownership or control of other products, including Android. Google cannot make Google Search or Google AI mandatory on Android devices, interfere with rival distribution, degrade rival quality or leverage distributors to preference Google. Google must also give publishers the ability to opt out of having their data collected by Google for training Google's AI models or used in Generative AI answers.

Raoul and the 37 attorneys general also solely propose a public education campaign funded by Google to inform consumers of Google's actions, why they are illegal and the choices consumers actually have in search engines. The campaign may include reasonable, short-term payments from Google to users who try non-Google search engines.

The final order establishes a five-member technical committee to implement, monitor, and enforce the remedies for 10 years. A hearing on the proposed remedies is currently scheduled to begin on April 22, 2025, and conclude by May 2.

Joining Raoul in filing today's proposed final judgement are the attorneys general of Alaska, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Idaho, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia,, Washington, West Virginia and Wyoming.