Trump Expected to Shift Course on Antitrust, Stop Google Breakup

The Google logo is seen on the Google house at CES 2024, an annual consumer electronics trade show, in Las Vegas, Nevada, US, January 10, 2024. (Reuters)
The Google logo is seen on the Google house at CES 2024, an annual consumer electronics trade show, in Las Vegas, Nevada, US, January 10, 2024. (Reuters)
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Trump Expected to Shift Course on Antitrust, Stop Google Breakup

The Google logo is seen on the Google house at CES 2024, an annual consumer electronics trade show, in Las Vegas, Nevada, US, January 10, 2024. (Reuters)
The Google logo is seen on the Google house at CES 2024, an annual consumer electronics trade show, in Las Vegas, Nevada, US, January 10, 2024. (Reuters)

Donald Trump will likely dial back some of the antitrust policies pursued under the administration of President Joe Biden, potentially including a bid to break up Alphabet's Google over its dominance in online search, experts said.

Trump is expected to continue cases against Big Tech, several of which began in his first term, but his recent skepticism about a potential Google breakup highlights the power he will hold over how those cases are run.

"If you do that, are you going to destroy the company? What you can do without breaking it up is make sure it's more fair," he said at an event in Chicago in October, Reuters reported.

The US Department of Justice is currently pursuing two antimonopoly cases against Google - one over search and another over advertising technology, as well as a case against Apple . The US Federal Trade Commission is suing Meta Platforms and Amazon.com.

The DOJ has laid out a range of potential remedies in the search case, including making Google divest parts of its business such as the Chrome Web browser and ending agreements that make it the default search engine on devices like Apple's iPhone.

But the trial over those fixes will not happen until April 2025, with a final ruling likely in August. That gives Trump and the DOJ time to change course if they choose, said William Kovacic, a law professor at George Washington University.

"He is certainly in the position to control the DOJ's disposition of the remedies phase," said Kovacic, who chaired the Federal Trade Commission under then-president George W. Bush.

Trump is also likely to pull back on some policies that have irritated dealmakers under the Biden administration, attorneys said. One is a reluctance to settle with merging companies, which was previously common and let companies address competition problems that agencies raised about deals by taking actions like selling part of the business.

The FTC and DOJ would likely scrap merger review guidelines crafted under Biden, said Jon Dubrow, a partner at law firm McDermott Will & Emery.

"The 2023 merger guidelines were very hostile to mergers and acquisitions," he said, echoing a view widely held on Wall Street.

The FTC's ban on most noncompete clauses in employer-employee contracts could be more vulnerable to a lawsuit brought by the US Chamber of Commerce, if the FTC votes not to defend it.

About 30 million people, or 20% of US workers, have signed noncompetes, according to the FTC. The agency is currently appealing a court ruling that blocked the rule.

But such actions to dismantle the work of FTC Chair Lina Khan will depend on a Trump-appointed replacement being confirmed to give the bipartisan five-member commission a Republican majority.

Khan's initiatives focused on what she saw as societal harms caused by unchecked corporate consolidation, drawing praise from both Democrats and some Republicans, including Vice President-elect JD Vance. But some in the business and legal communities have criticized her approach as too aggressive.

Trump is not expected to drastically curtail antitrust enforcement, however. A similar number of merger cases was brought under his first term as during the first two years of the Biden administration, according to an analysis by the Sheppard Mullin law firm.



US Govt Calls for Breakup of Google and Chrome

FILE - The Google building is seen in New York, Feb. 26, 2024. (AP Photo/Seth Wenig, File)
FILE - The Google building is seen in New York, Feb. 26, 2024. (AP Photo/Seth Wenig, File)
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US Govt Calls for Breakup of Google and Chrome

FILE - The Google building is seen in New York, Feb. 26, 2024. (AP Photo/Seth Wenig, File)
FILE - The Google building is seen in New York, Feb. 26, 2024. (AP Photo/Seth Wenig, File)

The US government late Wednesday asked a judge to order the dismantling of Google by selling its widely used Chrome browser in a major antitrust crackdown on the internet giant.
In a court filing, the US Department of Justice urged a shake-up of Google's business that includes banning deals for Google to be the default search engine on smartphones and preventing it from exploiting its Android mobile operating system, reported AFP.
Antitrust officials said in the filing that Google should also be made to sell Android if proposed remedies don't prevent the tech company from using its control of the mobile operating system to its advantage.
Calling for the breakup of Google marks a profound change by the US government's regulators, which have largely left tech giants alone since failing to break up Microsoft two decades ago.
Google is expected to make its recommendations in a filing next month and both sides will make their case at a hearing in April before US District Court Judge Amit Mehta.
Regardless of Judge Mehta's eventual decision, Google is expected to appeal the ruling, prolonging the process for years and potentially leaving the final say to the US Supreme Court.
The case could also be upended by the arrival of President-elect Donald Trump to the White House in January.
His administration will likely replace the current team in charge of the DOJ's antitrust division.
The newcomers could choose to carry on with the case, ask for a settlement with Google, or abandon the case altogether.
Trump has blown hot and cold in how to handle Google and the dominance of big tech companies.
He has accused the search engine of bias against conservative content, but has also signaled that a forced break up of the company would be too large a demand by the US government.
- Too extreme? -
Determining how to address Google's wrongs is the next stage of the landmark antitrust trial that saw the company in August ruled a monopoly by Judge Mehta.
Google has dismissed the idea of a breakup as "radical."
Adam Kovacevich, chief executive of industry trade group Chamber of Progress, said the government's demands were "fantastical" and defied legal standards, instead calling for narrowly tailored remedies.
The trial, which concluded last year, scrutinized Google's confidential agreements with smartphone manufacturers, including Apple.
These deals involve substantial payments to secure Google's search engine as the default option on browsers, iPhones and other devices.
The judge determined that this arrangement provided Google with unparalleled access to user data, enabling it to develop its search engine into a globally dominant platform.
From this position, Google expanded its tech and data-gathering empire to include the Chrome browser, Maps and the Android smartphone operating system.
According to the judgment, Google controlled 90 percent of the US online search market in 2020, with an even higher share, 95 percent, on mobile devices.
The US government currently has five cases pending against big tech over antitrust concerns after the Biden administration adopted a tough stance on reining in the dominance of the companies.
If carried through by the Trump administration, the cases against Amazon, Meta, and Apple, as well as two against Google, could take years to litigate.