• by Laurie Sullivan  @lauriesullivan, November 6, 2024

Google and the Department of Justice this week submitted their respective findings of fact (FOF). A FOF is a legal document that clearly outlines the material facts in a case.

Arielle Garcia, director of intelligence at Check My Ads, uncovered the documents earlier this week. In a LinkedIn post, she pointed to the FOF document filed by Google on Monday. The DOJ filed its document Monday, but it became public on Tuesday.

Donald Trump, the U.S. president elect, said in October that if reelected he would do something to make Google more fair. He told attendees at The Economic Club of Chicago that Google has too much power, but said breaking up the company is not the answer. 

Trump sued Google during his first administration over allegations that the company violated antitrust law.

“Trump will likely make significant changes at the DOJ,” said Kevin Lee, executive chairman of Didit. “As to his specific plans for Google, he may wait and see given his many high priority initiatives. New DOJ appointees may have an interest in stimulating competition in the AI and tech sector, a breakup would spur innovation.”

Google’s filing emphasized how its ad platform is open, allowing publishers to add other tech providers other than Google. Proving that Google is an open company would sway the judge to determine it does not operate as a monopoly.

The U.S. Department of Justice is pursing two antitrust monopoly cases against Google. In August, a U.S. federal judge ruled that Google illegally monopolized the online search industry, which the company intends to appeal the decision.

The second took place in September 2024, aimed at digital advertising. The DOJ claimed Google used its ad tools to secure deals with advertisers, and then took a large cut of the ad dollars. In this trial, the DOJ wanted to seek ways to force Google to break up parts of its business and divest some of its advertising technology. 

A Google breakup would cause instability in the advertising industry. Some believe that Trump does not favor a shakeup but prefers stability. One advertiser who will remain anonymous believes the president elect will push the trial faster based on several factors.

Advertising industry executives have mixed thoughts. 

"He may choose against breaking up Google, but the 18% payout to Apple for becoming its default search engine will need to stop," the advertiser said. "This is not positive for the economy, because that 18% surcharge to ensure a monopoly will get passed off to the consumer in the form of higher prices."

Reuters on Wednesday reported that “Trump is expected to continue cases against Big Tech, several of which began in his first term, but his recent skepticism about a potential Google breakup highlights the power he will hold over how those cases are run.”

Would breaking up Google, “destroy the company? What you can do without breaking it up is make sure it's more fair," reported Reuters, citing Trump at an event in Chicago in October.

The trail for possible fixes is scheduled to take place in April 2025, with a final ruling likely in August.