Biden’s Big Tech antitrust cases march ahead

On Tuesday, the Justice Department told a court that it is weighing a breakup of Google among the possible measures to resolve the monopoly issues surrounding its ubiquitous search engine.

The news came a day after a federal judge ruled that the Federal Trade Commission’s antitrust lawsuit against Amazon can move forward, minus a few claims made by some of the state attorneys general who joined the suit — a development first reported last week by our colleague Cat Zakrzewski.

The federal government now has five active cases against four tech giants — Google, Amazon, Apple and Meta — all of which are inching forward over the companies’ objections, albeit at very different rates.

While the country’s internet behemoths weathered a push for new antitrust laws in Congress, and several tech companies have overcome efforts to block mergers, so far they have found wins hard to come by in the monopolization cases. That said, none have been broken up — yet.

Here’s a brief rundown of where the five landmark cases stand.

Justice Dept. v. Google (search)

• The government’s claim: The Justice Department sued Google for operating its search business as an illegal monopoly, in part by using lucrative contracts to convince electronics makers like Apple to set Google Search as their default.
• Google’s response: The company has argued that consumers and electronics makers choose to use Google Search because it’s the best, not because they have to.
• The latest: In August, Judge Amit P. Mehta ruled in favor of the Justice Department, deeming Google’s search business an illegal monopoly. The Justice Department on Tuesday filed an outline of potential remedies, which it argues will be necessary to restore competition in the search market. These range from a ban on Google purchasing default status for its search engine with electronics makers to a possible breakup of the company.
• What’s next: Mehta has set a deadline for the Justice Department to file its detailed proposed remedies by next month, with an evidentiary hearing to take place in April. The judge has said he intends to rule in the case by next summer. Google plans to appeal.

Justice Dept. v. Google (advertising)

• The government’s claim: In its second monopoly case against Google, the Justice Department argues the company illegally controls the market for online ads, jacking up prices for advertisers on one side and online publishers on the other.
• Google’s response: The company has said that it faces numerous competitors in online ad brokering and that it has to compete on price and service.
• The latest: Judge Leonie M. Brinkema heard arguments in an Alexandria court last month, with a string of advertising and publishing executives taking the stand as witnesses.
• What’s next: Closing arguments will take place Nov. 25, after which Brinkema will make her decision.

Justice Dept. v. Apple

• The government’s claim: In a lawsuit filed in March, the Justice Department alleged that Apple has relied on its dominance of the U.S. cellphone market to exert undue control over consumers’ iPhone experiences, illegally restricting competition among software developers and kneecapping competitors.
• Apple’s response: Apple maintains that its control over users’ iPhone experience is essential to the device’s appeal, allowing the company to offer seamless software options, protect users’ privacy and guard against predatory apps.
• The latest: In August, Apple asked U.S. District Judge Julien Neals to dismiss the case, and the Justice Department responded in September.
• What’s next: The court is scheduled to hear oral arguments on the motion to dismiss Nov. 20 before deciding whether it can proceed to trial.

FTC v. Amazon

• The government’s claim: In September 2023, the FTC and an assortment of state attorneys general accused Amazon of leveraging its dominance as both an online superstore and an online marketplace to squeeze the merchants who rely on it and undercut would-be rivals, ultimately leading to higher prices and a worse experience for consumers. (Amazon founder Jeff Bezos owns The Post.)
• Amazon’s response: Amazon argues that it faces numerous competitors in the broader e-commerce market from the likes of Walmart and Target, and that its retail practices are standard in the industry and ultimately benefit customers.
• The latest: In an order issued last week and unsealed Monday, Judge John H. Chun dismissed some states’ claims but allowed the bulk of the case to proceed.
• What’s next: The parties will begin their preparations for a trial slated to begin in October 2026.

FTC v. Meta

• The government’s claim: In a case first filed by President Donald Trump’s FTC in 2020, subsequently dismissed by a federal judge, and refiled by Biden’s FTC in 2021, the government alleges that Meta’s acquisitions of Instagram and WhatsApp helped give it an illegal monopoly over personal social networking. The government argues that Meta has used that monopoly to squelch rivals and maintain invasive data-gathering practices that don’t protect users’ privacy.
• Meta’s response: Meta argues that it faces fierce competition from the likes of TikTok, X, YouTube and Snapchat, and that its ownership of Instagram and WhatsApp has been beneficial for users.
• The latest: After U.S. District Judge James E. Boasberg allowed the refiled case to move forward in 2022, Meta filed a motion for summary judgment this April.
• What’s next: A ruling on the motion for summary judgment will determine whether the case continues to move toward trial.

Government scanner

States sue TikTok, saying its addictive features harm children (Cristiano Lima-Strong)

Judge lifts suspension of X in Brazil after it meets court’s demands (Terrence McCoy and Marina Dias)

Justice Department lays out the remedies it seeks to address Google’s search monopoly (Eva Dou)

White House launches Reddit page for Hurricane Milton updates (The Hill)

OnlyFans creator pleads guilty in child pornography case (Reuters)

Inside the industry

Meta ‘Supreme Court’ of content expands with European center to handle TikTok, YouTube cases (Naomi Nix)

Short seller Hindenburg goes after Roblox, alleging it compromises child safety (Wall Street Journal)

Adobe has a new tool to protect artists’ work from AI (The Verge)

Foxconn building Nvidia superchip facility in Mexico, execs say (Reuters)

Snapchat is bringing ads to the Chat tab (TechCrunch)

Competition watch

OpenAI and Hearst strike deal to integrate content into ChatGPT (Axios)

Privacy monitor

Can police search your phone without a warrant? Here are your rights. (Shira Ovide)

X acts fast on nonconsensual nudity — if it thinks it’s a copyright violation (404 Media)

Trending

Bitcoin’s inventor is a mystery. An HBO filmmaker thinks he found him. (Will Sommer and Drew Harwell)

Nobel Prize in physics awarded to John Hopfield, Geoffrey Hinton for AI advances (Joel Achenbach, Lizette Ortega and Nitasha Tiku)

Virginia congressional candidate creates AI chatbot as debate stand-in for incumbent (Reuters)

Daybook

• The Cato Institute hosts events for “Surveillance Week 2024,” through Thursday.
• Washington Post Live hosts an event in London, “The Futurist: The New Age of AI,” featuring interviews with Peter Kyle, U.K. secretary of state for science, innovation and technology, and Wayve CEO Alex Kendall, Wednesday at 12 p.m.
• Information Technology and Innovation Foundation hosts a webinar, “Is the DMA a Boost or Brake for European Competitiveness?”, Thursday at 10 a.m.
• Freedom House hosts an event, “21st Century Elections: Technology, Disinformation/Misinformation & AI,” Friday at 11 a.m.

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