In the third day of a two-week remedies trial concerning the Justice Department’s antitrust case against Google, Judge Leonie Brinkema emphasized the issue of trust. She posed a hypothetical question concerning whether a court order demanding changes in Google’s behavior would be effective if there was confidence in the company’s good faith. This inquiry followed prior hearings where the DOJ highlighted instances of Google employees allegedly using messaging to circumvent evidence preservation rules, a practice that Brinkema previously described as a “systemic disregard” for evidentiary standards.
The outcome of the trial could hinge on Brinkema’s assessment of Google’s commitment to adhere to potential regulations. The DOJ has proposed that Google be subjected to a court order prohibiting specific business practices and requiring it to engage in the ad auction market similarly to its competitors. Conversely, the DOJ also seeks to dismantle Google’s ad exchange, AdX, and possibly divest its ad management tool for web publishers, DFP, to eliminate its monopolistic capabilities.
Brinkema’s sentiments resonate with previous rulings, notably by Judge Amit Mehta, who opted against breaking up Google in a related case concerning its search monopoly. Mehta’s preference for less stringent remedies raised questions about judicial approaches in similar cases against large tech companies.
During the hearings, Google officials articulated their concerns over the feasibility and risks associated with the DOJ’s suggestions. They articulated that the proposals may not fully account for the complexities involved in altering Google’s ad technology infrastructure. Furthermore, Brinkema entertained the notion of shutting down AdX, presenting it as a potential solution, while also emphasizing the need to evaluate options that would not adversely affect publishers reliant on Google’s services.
Ultimately, Brinkema’s decisions will depend not only on the structural capabilities of Google but also on her confidence in its intent to comply with the terms set forth in any potential court orders.
Source: https://www.theverge.com/policy/786930/google-doj-ad-tech-remedies-break-up-trust