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Google’s Antitrust Battle: Will Chrome Be Forced to Spin Off?

Emilia Wright | November 19, 2024

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Google May Face Demand to Spin Off Chrome in Antitrust Case

The Uncertain Landscape of Google’s Antitrust Challenges

Alphabet Inc.’s Google is navigating an uncertain fiscal landscape as the U.S. Justice Department reportedly aims to compel a federal judge to enforce a divestiture of its widely-used web browser, Chrome. This potential legal maneuver comes in light of an earlier ruling that identified Google’s search business as an illegal monopoly. According to a report by Bloomberg News, Judge Amit Mehta is slated to hear the Justice Department’s argument regarding the forced separation of Chrome as part of potential penalties against the tech giant.

The Significance of Chrome to Google’s Ecosystem

Chrome stands as the world’s leading internet browser and acts as a vital entry point through which users access Google Search. This relationship has led to regulatory scrutiny, alleging that Google’s dominance hampers competition in the digital marketplace. Alongside this development, there were also indications that the U.S. government might propose separating Google’s Android operating system from its other products. However, reports suggest that this initiative may have been rescinded.

In the aftermath of this news, Alphabet shares (GOOGL) (GOOG) experienced a dip of approximately 1% in after-hours trading, highlighting the anxieties investors have concerning the implications of these legal battles.

Will Chrome’s Divestiture Actually Occur?

Despite the legal ultimatum, some experts consider it improbable that Judge Mehta will mandate the spin-off of Chrome. Rebecca Haw Allensworth, a Professor and Associate Dean for Research at Vanderbilt Law School, commented via email, “Judge Mehta is a very by-the-book kind of judge, and while breakups are a possible remedy under antitrust laws, they have generally been disfavored over the last 40 years.” She noted that Judge Mehta’s prior rulings have emphasized adherence to established legal precedents, specifically referencing the long-standing antitrust case against Microsoft in the early 2000s.

In the high-profile antitrust case against Microsoft Corp. (MSFT), Judge Thomas Penfield Jackson originally ordered the breakup of the company. However, this directive was later overturned on appeal. Much like Microsoft at the time, Google plans to appeal the federal government’s findings against it, arguing that its integrated ecosystem is functionally interdependent.

The Comparison to Microsoft’s Case

The structural parallels between Google’s and Microsoft’s cases are significant. Just as Microsoft was accused of abusing its operating system monopoly by bundling its Internet Explorer browser, Google argues that detaching Chrome from its wider product suite could disrupt its functionality. Lee-Anne Mulholland, Alphabet’s Vice President of Regulatory Affairs, weighed in on the debate, asserting that, “Few companies would have the ability or incentive to keep them open source or to invest in them at the same level we do.” She expressed concerns that such a breakup could lead to increased device costs and jeopardize Google’s competitive edge against Apple’s ecosystem.

The Role of Political Dynamics

Another complex layer of this unfolding story pertains to broader political changes on the horizon. The incoming Trump administration’s approach to Big Tech and the already initiated lawsuit brings an air of uncertainty. As Allensworth noted, while Republican administrations typically adopt a more laissez-faire stance toward tech giants, the original initiation of this case occurred under Trump’s previous term, enriching the unpredictability about its future handling.

Looking Ahead: The Path to Resolution

Progress on the antitrust case is not expected to take shape until April 2025, when a two-week hearing is set to discuss the corrective measures Google may be required to implement. Judge Mehta plans to render a final ruling in August of the same year. Until then, the looming question of Chrome’s fate will undoubtedly hover over Alphabet’s stock, continuing to create anxiety among investors and industry analysts alike.

As the situation develops, market participants will be keenly observing not only the legal proceedings but also the shifts in political sentiments that could markedly influence the direction of antitrust actions against major tech companies like Google.