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Judge says Google can keep Chrome, but must share search data

The judge overseeing the antitrust case said ongoing competition from AI products meant harsher remedies are not necessary.

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mkeys@thedesk.net

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Google’s Search product is displayed on a tablet computer. (Stock image via Pexels, Graphic by The Desk)

A federal judge overseeing one of two antitrust cases involving Google says the tech giant will be allowed to keep its Chrome browser, but cannot forge search-related agreements with third parties on an exclusive basis.

In a 230-page ruling issued on Tuesday, U.S. District Judge Amit Mehta said federal prosecutors demanded too much when they asked the court to force Google to part ways with its Chrome browser, which collects data on the browsing habits of its users that Google uses to further its business initiatives.

Mehta also refused to require Google to sell off its interest in Android, an open-source operating system for computers, phones, tablets and smart TVs. Google is the primary developer of Android, and its products are deeply integrated into the operating system.

“Google will not be required to divest Chrome; nor will the court include a contingent divestiture of the Android operating system in the final judgment,” Mehta wrote in his order. “Plaintiffs overreached in seeking forced divestiture of these key assets, which Google did not use to effect any illegal restraints.”

However, Mehta did say Google will be required to share the data it uses to generate search engine results, including what types of web links its users click on when they look for things online, and can continue to broker arrangements with third parties to integrate Google’s search engine and other products into their apps and services.

Google has shelled out billions to ensure its search engine is the default search mechanism on web browsers like Apple’s Safari and Mozilla’s Firefox. Those deals helped ensure Google’s dominance in the online search space.

Mehta will allow those arrangements to continue, as long as Google does not broker them on contingency of exclusivity. In other words, Google can continue to pay others to provide its search engine within their browsers and apps, but can’t demand that they only use Google’s products — the contracts must allow developers a way to use alternative products outside Google’s ecosystem.

Mehta conceded that a major element behind his ruling is the rise of artificial intelligence, which has chipped away at Google’s lead in the search and discovery space.

AI chatbots, like ChatGPT and Perplexity, are growing in popularity among online users — one in four web users now use an AI chatbot to look for things online, according to a survey released by Adobe Analytics earlier this year. Google has leaned into the trend by integrating AI-generated summaries from its Gemini product into Google search listings, though the summaries have been criticized for being inaccurate.

The order issued Tuesday amounts to a slap on the wrist for Google, despite Mehta’s earlier finding that Google “is a monopolist, and it has acted as one to maintain its monopoly” with respect to its search business.

While Google still maintains a monopoly, Mehta said an increase in competition in the AI search space is chipping away at Google’s lead.

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About the Author:

Matthew Keys

Matthew Keys is the award-winning founder and editor of TheDesk.net, an authoritative voice on broadcast and streaming TV, media and tech. With over ten years of experience, he's a recognized expert in broadcast, streaming, and digital media, with work featured in publications such as StreamTV Insider and Digital Content Next, and past roles at Thomson Reuters and Disney-ABC Television Group.
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