Defining GenAI — a Compromise with Teeth
The judge adopted the government’s sweeping definition — any product using generative AI capabilities — while also accepting Google’s narrower qualifier requiring that the product’s principal function involve answering wide-ranging information-seeking prompts.
A One-Year Reset Rule to Break the Default Grip
Judge Mehta sided with the DOJ in capping Google’s search distribution agreements with browsers and wireless carriers at one year. The bright-line limit aims to prevent long-term deals from quietly locking rivals out of the search market.
“A hard-and-fast termination requirement after one year would best carry out the purpose of the injunctive relief,” he wrote, adding that the rule simplifies enforcement and avoids the web of exclusivity that maintained Google’s dominance for years.
Data Sharing: Licensed, But Not Locked Down
Google convinced the court that its search data should be shared under a license. But the door remains ajar: competitors can petition the forthcoming Technical Committee — or the judge — if they believe broader access or different terms are warranted.
Judge Mehta noted the importance of flexibility, citing potential joint ventures and as-yet-unimagined innovation.
