Fast forward to 2016, when Apple renegotiated its default contract with Google. Dintzer revealed that Google had meticulously calculated the potential consequences if Apple were to switch to Bing. While the exact figures remain cloaked in secrecy, Dintzer described the stakes as “significant.” Google itself had declared the loss of default search status on Apple as a “code red situation.”
Judge Mehta’s Weighty Decision
U.S. District Judge Amit Mehta now bears the responsibility of unraveling this complex web of legal intrigue over the next two months. He must determine whether Google’s contractual agreements with smartphone manufacturers, browser developers, and wireless carriers unlawfully exclude rivals like Bing and DuckDuckGo from entering the market and obtaining the critical user data needed for competitiveness.
Dintzer contended that “Google’s scale hermetically seals it from competition,” emphasizing the insurmountable advantage it has amassed.
To counter Google’s assertion that the market extends beyond general search, Dintzer referenced Google’s own internal documents that distinguish general search from social media and vertical search. He argued that general search is unique, scouring the entire open internet in ways that alternatives cannot.
DOJ Targets Google’s Revenue Sharing Agreements
The Justice Department’s case, initiated in October 2020, primarily targets Google’s revenue sharing agreements with browser companies and mobile application distribution agreements with smartphone manufacturers. Dintzer argued that Google’s insistence on being the default search engine on every U.S. Android phone leaves no room for competitors.
