WASHINGTON, D.C. – The Federal Trade Commission (FTC) has filed an amicus brief in support of the Department of Justice’s (DOJ) Revised Proposed Final Judgment (RPFJ) addressing antitrust violations committed by Google. This move underscores the FTC’s commitment to ensuring that the proposed remedies not only restore competition but also uphold rigorous privacy protections for consumers.
Google’s Antitrust Violations
A federal court ruling in August 2024 found that Google had violated Section 2 of the Sherman Act by maintaining illegal monopolies in general search services and general text advertising. These monopolistic practices limited competition in key markets, drawing significant scrutiny from antitrust regulators.
To address these violations, the DOJ’s RPFJ seeks to require Google to share targeted portions of its search index, user data, and advertising data with select competitors. This data-sharing mandate would be implemented under strict privacy and security safeguards to ensure consumer protection.
FTC’s Role and Perspective
The FTC, recognized as the nation’s leading authority on privacy enforcement, has thrown its support behind the RPFJ, emphasizing its alignment with the Commission’s own privacy and data-security standards. “The privacy safeguards proposed by DOJ are in line with the measures the FTC has required numerous companies to take to address privacy and data security failures,” stated Katherine White, Deputy Director of the FTC’s Bureau of Consumer Protection.
The FTC’s amicus brief highlighted Google’s poor privacy track record, noting the company’s history of repeated privacy violations. Since 2011, Google has entered into three separate consent agreements with the FTC over allegations of privacy breaches, including a civil penalty for violating the 2011 privacy order.
Ensuring Privacy Through Oversight
The FTC endorsed the DOJ’s recommendation to create a Technical Committee of independent experts. Charged with oversight responsibilities, the committee would ensure that Qualified Competitors receiving data from Google comply with robust privacy safeguards. The FTC stressed that this level of oversight is crucial given Google’s prior lapses in privacy compliance.
The brief also argued that the provisions in the RPFJ could encourage Google and its competitors to improve their privacy measures across the market. By fostering competition in privacy standards, the judgment could lead to better data protection for consumers.
Broader Implications
The FTC’s amicus brief reinforces the importance of integrating privacy safeguards within remedies for antitrust violations. DOJ’s plan to open key portions of Google’s data to competitors marks a significant shift in combating monopolistic practices while ensuring consumer protections remain at the forefront.
The Commission vote authorizing the filing was 1-0-2, with Commissioners Melissa Holyoak and Mark R. Meador recused. Commissioner Holyoak’s recusal stems from her previous role as Utah’s Solicitor General, where she was involved in the litigation against Google.
Looking Ahead
The FTC’s support for the DOJ’s RPFJ sends a strong message about the importance of enforcing antitrust laws while maintaining consumer privacy standards. By tackling both market dominance and data protection in tandem, the government aims to create a more competitive and transparent digital ecosystem, ultimately benefiting consumers.
The court’s decision on the RPFJ will likely shape the landscape of competition and privacy in the tech industry for years to come, signaling a new era of accountability for dominant platforms like Google.
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