DOJ Considers Breaking Up Google's Search Monopoly

In a significant legal development, the Department of Justice (DOJ) has indicated in a recent court filing that it might consider breaking up Google's search business. This move is reminiscent of earlier antitrust actions, specifically those against Microsoft in the early 2000s. Harry First, a notable law professor from New York University and part of New York State's Department of Justice during the Microsoft antitrust case, shared insights on the current situation. According to First, the government's case against Google parallels that of Microsoft, focusing on the company's monopolistic behavior. However, he cautioned that the agencies, including the DOJ, can recommend breakups but do not have the direct authority to enforce such actions. For a breakup to occur, the government must formally request it, and a judge must agree, which poses challenges. Historical precedents suggest that judges typically exhibit cautious behavior when ordering drastic measures like breakups. First noted that the judge involved in the current case might hesitate to disrupt the market significantly unless thorough evidence supports such action. The need for a strong causal link between Google's actions and the maintenance of its monopoly is essential for the court to impose any severe remedies. This situation mirrors past cases where the courts, notably the DC Circuit, approached remedies conservatively. The outcome remains uncertain, and the case might follow similar negotiation routes seen in the Microsoft case, where an agreement was reached rather than enforced breakups.