In parallel with the DOJ’s efforts, a coalition of state attorneys general, led by Colorado, is pursuing a separate but overlapping lawsuit. William F. Cavanaugh Jr. of Patterson Belknap Webb & Tyler LLP argued on behalf of the states, focusing on allegations related to Google’s design of its SA360 search engine marketing tool, which enforcers claim discriminates against Microsoft.
John E. Schmidtlein from Williams & Connolly LLP spearheaded Google’s defense, contending that Google is not obligated to tailor its products to Microsoft’s preferences or timeline. He disputed allegations that Google’s market power stifled competition, pointing out that Bing, not Google, dominates all Windows computers. Schmidtlein claimed users migrate to Google voluntarily because it helps them find what they seek.
A Battle of Markets and Monopolies
Schmidtlein challenged the notion that Google’s monopoly precludes its pursuit of default status. He asserted that the court cannot interfere in the market and dictate Google’s competitive choices.
