Sources: DOJ to brief state AGs on Wednesday about its plans to file an antitrust lawsuit against Google; a case could be filed as early as next week

The Justice Department is expected to brief state attorneys general this week about its imminent plans to file an antitrust lawsuit against Google …

Washington Post 2020-09-22 Tony Romm

Context & Ripple Effects

This is the endgame of a filing timeline that kept slipping: the DOJ and state AGs signaled back in May that suits targeting Google's search dominance and ad business were coming as soon as this summer, and the pace was forced in September when AG Barr overruled career lawyers who wanted more time. Now the department is briefing state attorneys general before a filing expected as early as next week.

The briefing matters because the coalition is still forming — the DOJ is actively urging states to sign onto the federal case rather than run parallel ones.

First-order effects

Google goes from investigation target to formal defendant within days, with the case centered on its search distribution and ad business per the reporting arc.
State attorneys general face an immediate decision at the briefing: join the DOJ's suit or preserve their own leverage.

Second-order effects

A bipartisan group of Democratic and GOP state AGs has already signaled it will press on with its own antitrust investigation into Google even after the federal filing, multiplying legal fronts for the company.
Remedies under discussion by DOJ and the state AGs extend beyond behavior fixes to forced divestitures, including Chrome and parts of the ad business, which would shape how aggressively Google negotiates any settlement.

Third-order effects

The pattern holds across years: this search case becomes one front among several, with the DOJ returning in 2023 to target Google's grip on the digital ad market in what Bloomberg counts as the fifth major US case challenging its practices — enforcement shifting from single lawsuits to sustained multi-agency campaigns.
If divestiture remains on the table for a platform this size, the structural precedent redefines what regulators consider a viable remedy for dominant internet intermediaries.

The trend: US antitrust enforcement against Google is scaling from a single delayed search case into a durable, multi-front campaign spanning administrations and state-federal coalitions.

Discussion

@mmasnick Mike Masnick on x
Even if you think there's a legit antitrust case to be made against Google, Bill Barr is about to fuck that up by rushing a half-assed case just so his boss has some “I took on big tech” political nonsense to spew just in time for the election.
@jason_kint Jason Kint on x
In terms of holding Google accountable for its harm to the market, @HawleyMO has been an amazing addition to Senate Judiciary. Will post vid shortly. He's doing a clinic on why DOJ, House, State AGs, AU ACCC, UK CMA, France, EU, et al have clear nonpartisan antitrust cases. /4
@alxthomp Alex Thompson on x
Looks like U.S. v. Google moving forward before Election Day. ⁦@TonyRomm⁩ scoops “The Justice Department is expected to brief state attorneys general this week about its imminent plans to file an antitrust lawsuit against Google” https://www.washingtonpost.com/ ...
@karaswisher Kara Swisher on x
Finally but sounds like, as usual, the Trump administration will find a way to bollox it all by not doing this important action right (see last graph): Justice Dept. to Brief States on Google Antitrust Inquiry - The New York Times https://www.nytimes.com/...
@mmasnick Mike Masnick on x
Right. Remember reports from earlier this month said that Barr told prosecutors to gin up a case by Sept. 30th no matter how weak. https://www.techdirt.com/... So of course it's coming next week. Because Barr says it has to, even if the case is shit. https://twitter.com/...
@lutherlowe Luther Lowe on x
Zero people are saying to themselves “I'm waiting to make my decision on voting for Biden or Trump based on whether US v Google is filed by election.” The reality is that there's bipartisan support for enforcement and Google has been under investigation for years. https://twitter…
@rasmus_kleis Rasmus Kleis Nielsen on x
US “Justice Department on Wednesday plans to brief officials from state attorneys general offices on its antitrust action against Google, in what is expected to be one of the final steps before filing a landmark case against the tech giant.” https://www.nytimes.com/...

Chronicles