Trump’s re-election may be an overall boon to Silicon Valley giants wary of aggressive competition enforcement. But he may have a more hands-off approach with Google’s legal battle, already years in progress.
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LifestyleTranscript
00:00Today on Forbes, Google is on the antitrust chopping block, and Trump probably won't save it.
00:08In 2020, then-President Donald Trump made history when his Justice Department filed a landmark antitrust lawsuit against Google,
00:16alleging the tech giant held an illegal monopoly in the online search market.
00:21It was the first major competition case of the Internet era.
00:25Now, as Trump returns to power, there has been optimism in Silicon Valley that his administration would take a softer line with tech competition,
00:34after years of aggressive enforcement in the Biden era.
00:37But antitrust experts told Forbes that while Trump may generally loosen the federal government's grip regarding tech antitrust,
00:44it may do little to help Google.
00:47William Kovacic, a former FTC chairman and now a law professor at George Washington University, told Forbes,
00:54Google can't derive much comfort from the election results. I think those federal efforts would carry on.
01:00George Hay, an antitrust professor at Cornell Law School, argued similarly that it's unlikely for Trump to pull the plug,
01:08especially since his administration was the one to first bring the case.
01:12Hay said, quote,
01:16Google declined to comment for this story.
01:19The tech giant's search monopoly case went to trial last year.
01:22During proceedings, the federal government argued that Google signed illegal contracts with device makers to force Google products onto consumers.
01:31The cornerstone of the DOJ's case was an agreement with Apple worth tens of billions of dollars
01:36that made Google the default search engine on iPhones and other Apple products.
01:41Google has said its dominant position comes from the quality of its products,
01:45arguing it gives consumers easy options to change their defaults.
01:50In October, a federal judge ruled against Google, triggering a second trial to determine potential remedies,
01:56like banning those types of contracts or, on the extreme end, breaking up the company.
02:02That trial is slated to begin in April.
02:04Google has said the government's initial potential requests, filed last month, quote,
02:10As president, Trump will have the authority to direct the DOJ, via his nominee if confirmed for attorney general,
02:18Representative Matt Gaetz of Florida, to stand down on cases like Google's if Trump chooses,
02:24or suggest what he sees as appropriate punishment.
02:27But according to Kovacic, asking the DOJ to back off would be an extremely rare move with huge political implications,
02:34one which many presidents would be unwilling to make because it would undermine their antitrust officials.
02:40One of the only examples of the federal government dropping an antitrust case came in 1982,
02:46when the DOJ ended a 13-year-long case against IBM that called for a breakup
02:51because the government's case was, quote,
02:54and had little chance of winning, the agency said at the time.
02:58Even Trump, who regularly breaks precedent, might be unwilling to step in
03:02because of his personal frustrations with Google, said Kovacic.
03:06In September, Trump said he would prosecute the company for, quote,
03:10only showing, quote,
03:14and positive ones about his election opponent, Vice President Kamala Harris.
03:18The complaints followed a familiar refrain from conservatives
03:22that has for years falsely claimed big tech censors' voices on the right.
03:26However, at an Economic Club of Chicago event in October,
03:30Trump suggested he was skeptical that a breakup of the tech giant would be the right move,
03:34wondering if it would, quote,
03:40He said, quote,
03:42What you can do without breaking it up is make sure it's more fair.
03:46The questions over Trump's antitrust approach come as he has stormed back to the White House
03:51with ample support from Silicon Valley, including Tesla CEO Elon Musk
03:56and Andreessen Horowitz founder Mark Andreessen.
03:59Even big tech leaders who were critical of Trump in the past
04:02have made subtle overtures this time around.
04:04Meta founder Mark Zuckerberg called him a, quote,
04:08after Trump survived an attempted assassination in July.
04:11Amazon founder Jeff Bezos, who owns The Washington Post,
04:15stopped the newspaper from endorsing Vice President Kamala Harris
04:18in what was seen by some as an attempt to avoid retribution by Trump.
04:24For full coverage, check out Richard Nieva's piece on Forbes.com.
04:29This is Kieran Meadows from Forbes. Thanks for tuning in.
04:37.