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Eddie Cue's US v. Google testimony: Cue said Google was the only “valid” search choice for a deal; the DOJ noted Apple railed against Google's privacy policies

When court resumed today for the start of the third week … Adi Robertson / The Verge : Apple's Eddy Cue will take the stand Tuesday in the Google antitrust trial Thomas Barrabi / New York Post : Top Apple exec Eddy Cue defends Google default search deal: No ‘valid alternative’ Paul Wiseman / Associated Press : Apple exec defends tech giant's decision to make Google default search engine on Apple iPhones, Macs Joe Wituschek / BGR : Apple VP Eddy Cue says there still isn't a ‘valid alternative’ to Google Search Wesley Hilliard / AppleInsider : Apple's Eddy Cue says Google is default search engine because it is the best option Eva Dou / Washington Post : Apple exec defends multibillion-dollar Google deal at trial WRAL TechWire : Apple defends ‘default’ choice of Google in antitrust suit; how Epic Games wants case settled Abubakar Idris / The Messenger : Apple Executives Take the Spotlight in Google Antitrust Case Amber Neely / AppleInsider : Eddy Cue is set to take the stand as a key witness at Google's antitrust bench trial Threads: Dare Obasanjo / @carnage4life : “Cue had two messages: Apple believes in protecting its users' privacy, and it also believes in Google.  Whether those two statements can be simultaneously true became the question of the day.”  There was a missing the third message: Apple likes making billions of dollars a year in pure profit from Google by setting the configuration settings for the default search in Safari to Google Search. … X: Emily Birnbaum / @birnbaum_e : In US v. Google today. The DOJ just disclosed that Apple and Google have provisions in their agreement (making Google Search the default engine for Safari) related to what they can do if regulators challenge their deal. Matt Stoller / @matthewstoller : We've asked the Securities and Exchange Commission to investigate Apple over violating securities laws. The firm called its deal with Google today “market-moving” information but has never disclosed it to investors. https://www.economicliberties.us/ ... @bigtechontrial : Apple executive Eddy Cue faced about an hour of direct-examination in open court from the DOJ this morning. Now they are back in closed session — I would guess for most of the rest of the day — but here are some highlights from Cue's testimony: Cue confirmed he was the lead Emily Birnbaum / @birnbaum_e : Apple exec Eddy Cue says “there's very bad resolution on the screen” in the court room. “We need a Mac.” Emily Birnbaum / @birnbaum_e : DOJ and Cue confirmed today that Apple/Google extended their Safari/Google search default agreement in 2021. Luke Goldstein / @lukewgoldstein : Apple exec Eddy Cue's examination today comes down to this: 🍎 claims its multi billion dollar default agreement with Google was simply about product quality. But 🍎"values privacy" and knew about Gs sketchy record. Indicates 🍎was really just after the $ from Gs revenue sharing Matt Stoller / @matthewstoller : “DOJ's insistence on questioning Mr. Cue about this information in open court represents a substantial risk of revealing non-public, market-moving information pertaining to Apple.” So it's material information that's not in Apple investor docs? Ruh-roh. https://storage.courtlistener.com/ ... Matt Stoller / @matthewstoller : Apple pre-briefs reporters on its executive's statements, and then demands the court seal the actual testimony. Which judge Amit Mehta does. https://www.bloomberg.com/... Jason Kint / @jason_kint : Breaking my rule of waiting to end of day curate key developments at USA v Google. Courtroom open again, Apple testifying and we're methodically going where I hoped we would. Google's surveillance capitalism empire - privacy meets antitrust. A couple quick, important comments. /1 Jason Kint / @jason_kint : Apple legal challenges from benches when this was being questioned. So to point. 🍎 execs think “Android is a massive tracking device” (their words), 🍎 competes on privacy, Google pays dump truck of $ to 🍎 to be default, 🍎 likely can exit deal based on this litigation. /9 Jason Kint / @jason_kint : Bold. Apple has absolutely demanded to the Justice Dept that Eddie Cue be first to testify today and be done by end of the day. “As we have said on multiple occasions, it is imperative that Mr. Cue's examination is complete on Tuesday, September 26.” 4/4 [image] @khushitavasant : Some laughs at @Apple exec Eddy Cue's testimony this AM (yes, thankfully, we are back in open court). DOJ counsel shows an exhibit on screen to which Cue says the resolution is bad. “We need a Mac.” Judge Mehta quips, “If Apple would like to make a contribution towards that...” Forums: r/privacy : “Then, she showed a series of emails and slides in which Cue and Apple railed against Google's privacy policies.” r/apple : Apple defends Google Search deal in court: 'There wasn't a valid alternative' |  Is it too hard to find your Safari settings on the iPhone? … Beehaw : Apple exec defends the decision to make Google its default search engine on iPhones and Macs MacRumors Forums : Apple's Eddy Cue Explains Why Google is iPhone's Default Search Engine

The Verge David Pierce

Context & Ripple Effects

The testimony puts Apple’s preference for Google in the context of a distribution arrangement the DOJ had already tied to a large share of Google search traffic: Apple products accounted for nearly half of Google’s 2019 search traffic, according to the lawsuit.

Cue’s claim that no valid alternative existed sharpens the case’s central dispute: whether defaults reflect product quality or reinforce incumbency. It also sits uneasily beside internal Apple material criticizing Google’s privacy practices, later detailed in Apple’s internal presentation on Android and Google privacy.

First-order effects

  • Apple’s defense of its Safari default becomes explicitly quality-based as well as commercial, while the DOJ gains testimony and internal documents to test that rationale against the agreement’s payments and regulatory provisions.
  • Google’s distribution deal with Apple receives further scrutiny as a mechanism for preserving search access on Apple devices, not merely as a standard commercial placement.

Second-order effects

  • Rival search providers face a higher practical bar for winning default placement: they must offer Apple a credible alternative to Google’s search quality, distribution economics, and user expectations.
  • The privacy tension gives the DOJ a way to argue that a platform’s stated product values need not determine its default-partner choices, broadening attention from the payment itself to the competitive effects of the default.

Third-order effects

  • The case points to default agreements becoming a core antitrust test for digital gatekeepers: even where users can switch, regulators may examine whether preinstallation and default status entrench an incumbent.
  • If courts limit exclusive defaults while preserving some distribution payments—as in the later ruling on Google’s device and browser search payments—platforms and search firms may have to separate access deals from exclusivity more clearly.

The trend: Search competition is increasingly being assessed through control of default distribution on major platforms, rather than through search quality alone.

Discussion

  • @carnage4life Dare Obasanjo on threads
    “Cue had two messages: Apple believes in protecting its users' privacy, and it also believes in Google.  Whether those two statements can be simultaneously true became the question of the day.”  There was a missing the third message: Apple likes making billions of dollars a year …
  • @bigtechontrial @bigtechontrial on x
    Apple executive Eddy Cue faced about an hour of direct-examination in open court from the DOJ this morning. Now they are back in closed session — I would guess for most of the rest of the day — but here are some highlights from Cue's testimony: Cue confirmed he was the lead
  • @birnbaum_e Emily Birnbaum on x
    In US v. Google today. The DOJ just disclosed that Apple and Google have provisions in their agreement (making Google Search the default engine for Safari) related to what they can do if regulators challenge their deal.
  • @matthewstoller Matt Stoller on x
    We've asked the Securities and Exchange Commission to investigate Apple over violating securities laws. The firm called its deal with Google today “market-moving” information but has never disclosed it to investors. https://www.economicliberties.us/ ...
  • @birnbaum_e Emily Birnbaum on x
    Apple exec Eddy Cue says “there's very bad resolution on the screen” in the court room. “We need a Mac.”
  • @birnbaum_e Emily Birnbaum on x
    DOJ and Cue confirmed today that Apple/Google extended their Safari/Google search default agreement in 2021.
  • @lukewgoldstein Luke Goldstein on x
    Apple exec Eddy Cue's examination today comes down to this: 🍎 claims its multi billion dollar default agreement with Google was simply about product quality. But 🍎"values privacy" and knew about Gs sketchy record. Indicates 🍎was really just after the $ from Gs revenue sharing
  • @matthewstoller Matt Stoller on x
    “DOJ's insistence on questioning Mr. Cue about this information in open court represents a substantial risk of revealing non-public, market-moving information pertaining to Apple.” So it's material information that's not in Apple investor docs? Ruh-roh. https://storage.courtliste…
  • @matthewstoller Matt Stoller on x
    Apple pre-briefs reporters on its executive's statements, and then demands the court seal the actual testimony. Which judge Amit Mehta does. https://www.bloomberg.com/...
  • @jason_kint Jason Kint on x
    Breaking my rule of waiting to end of day curate key developments at USA v Google. Courtroom open again, Apple testifying and we're methodically going where I hoped we would. Google's surveillance capitalism empire - privacy meets antitrust. A couple quick, important comments. /1
  • @jason_kint Jason Kint on x
    Apple legal challenges from benches when this was being questioned. So to point. 🍎 execs think “Android is a massive tracking device” (their words), 🍎 competes on privacy, Google pays dump truck of $ to 🍎 to be default, 🍎 likely can exit deal based on this litigation. /9
  • @jason_kint Jason Kint on x
    Bold. Apple has absolutely demanded to the Justice Dept that Eddie Cue be first to testify today and be done by end of the day. “As we have said on multiple occasions, it is imperative that Mr. Cue's examination is complete on Tuesday, September 26.” 4/4 [image]
  • @khushitavasant @khushitavasant on x
    Some laughs at @Apple exec Eddy Cue's testimony this AM (yes, thankfully, we are back in open court). DOJ counsel shows an exhibit on screen to which Cue says the resolution is bad. “We need a Mac.” Judge Mehta quips, “If Apple would like to make a contribution towards that...”
  • r/apple r on reddit
    Apple defends Google Search deal in court: 'There wasn't a valid alternative' |  Is it too hard to find your Safari settings on the iPhone? …
  • @khushitavasant @khushitavasant on x
    Alright, the update we've all been waiting for on USvGoogle trial exhibit issue: Judge Amit Mehta in the @Google monopoly trial says, exhibits are presumptively postable. But a third party can object to a certain exhibit being posted by 9 pm (4 hours after trial ends) #antitrust
  • @jason_kint Jason Kint on x
    Here here. Appreciated the transparency from the court's thinking, too. His point that presumably the lawyers to the parties were already familiar with the docs and redactions going into their admission so it shouldn't take much time as they have ahead start.
  • @jason_kint Jason Kint on x
    Actually landed on 9pm. And some discussion about any unresolved being solved by next day. Very well done, Leah. Your speaking out was important here for public interest. Court also reminded DOJ they need to actually object as he's relying on them to represent public interest.
  • @bigtechontrial @bigtechontrial on x
    Google and third-parties will then have a three-hour window to raise any issues before DOJ can post the exhibits online. Judge Mehta asked how that would affect exhibits that have been previously admitted but are not yet posted. He clarified that he did not order
  • @khushitavasant @khushitavasant on x
    @leah_nylen He later changed it to 9 pm. DOJ must disclose all exhibits they want to post by 6 pm. Parties get three hours to raise objections. If there are none, they go up at/around 9 pm.
  • @lukewgoldstein Luke Goldstein on x
    Judge Mehta allows public exhibits from Google trial to go back up on DOJ's website as long as they're cleared by Google first without objection; judge also says he never forced DOJ to take down the public documents that had previously been posting
  • @bigtechontrial @bigtechontrial on x
    Judge Mehta also just addressed the issue of the public posting of exhibits, which the parties submitted the filings on last night. Going forward, it seems like Google and interested third-parties will receive the exhibits DOJ wants to post at the end of each day of trial.
  • @birnbaum_e Emily Birnbaum on x
    Big news: Judge Amit Mehta says all exhibits in the US v. Google trial will be “presumptively postable” unless one of the parties objects to them by 8 PM every night.
  • @megangra Megan Gray on x
    Hey DOJ team in Google Search antitrust trial - based on Judge Mehta comments at close of trial today, you should be filing a motion pronto to unseal the improperly closed trial testimony from the Apple witness on Friday.
  • @lukewgoldstein Luke Goldstein on x
    Judge Mehta complaining about Google trial to another judge during lunch break; mentioned G's persistent objections but also how difficult it is to preside over antitrust cases without technical expertise in the relevant markets. “Right, there's no DNA evidence with Google”