Europe failed to tame Google. Can the U.S. do any better?

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The Justice Department's antitrust suit against Google offers the U.S. an opportunity to succeed where Europe stumbled

But the U.S. may have the best chance of curbing Google’s dominance, both because it has real power to force break-ups and — potentially — because it can build on the efforts of those who have gone before it.

“We encourage our staff to have a ‘pick-up-the-phone’ mentality” with counterparts in Europe, Assistant U.S. Attorney General Makan Delrahim said in a 2018 speech in Brussels. Justice Department officials and state prosecutors have also talked multiple times to companies that lodged complaints in Europe since their investigations launched last year.

“I am doubtful about how honest and complete the cooperation is,” said Kovacic, who also serves as a non-executive director for the U.K. Competition and Markets Authority. “They always say, ‘of course we cooperate.’ But that is the party line. ... These agencies are both partners and competitors.” Regulators are still monitoring Google’s compliance with the shopping order. The EU lower court’s judgment of Google’s appeal is not expected before March and will most likely end up at the higher court, meaning a final ruling can be expected at the earliest in 2023.

Lowe was equally dismissive of the EU-approved remedy in the Android case, in which Google agreed to an auction allowing rival search engines to appear on a screen of options that users can select from when they set up their phones. “That’s a remedy that would have been attractive a decade ago, but that horse left the barn,” Lowe said.

 

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There are still more options and issues to get Google on. Ideally, a swarm of plaintiffs lawyers would surface ready to handle the Google ad and sharing of emails issues, a very little known sin they’re involved with. Google clients get your emails. Would you like proof?

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