On August 5, 2024, Judge Amit Mehta of the U.S. District Court for the District of Columbia concluded that Google has monopolized markets for online searches and search text advertising and unlawfully engaged in exclusionary conduct in those markets. Specifically, the court found that Google used revenue sharing agreements with web browser developers, mobile device manufacturers, and wireless carriers to secure its status as the default search engine on most computers and cellphones across the United States. These agreements prevented rivals from competing for users, leaving Google to field around 90% of search queries and to sell the lion’s share of search text advertising. The court also determined that Google’s monopoly power permitted it to charge supracompetitive prices for search text ads. The court must next decide how to remedy Google’s conduct, a process that likely will extend well into next year.

Read our client alert here.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Thomas Barnett Thomas Barnett

Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm’s Antitrust & Competition Law Practice Group. Tom served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to…

Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm’s Antitrust & Competition Law Practice Group. Tom served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.

During his tenure at the Department of Justice, Tom:

  • Oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court.
  • Was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions.
  • Led an active competition advocacy program that included numerous amicus briefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies.
  • Argued before the U.S. Supreme Court as amicus on behalf of the United States in Bell Atlantic Corp. v. Twombly.
  • Testified several times before Congressional committees.
  • Worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
  • Received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
  • Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He also served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
Photo of Anne Lee Anne Lee

Anne Lee, co-chair of the firm’s global Antitrust and Competition Law Practice Group, advises clients in complex antitrust litigation matters, strategic transactions, and government investigations. She represents clients before the DOJ and FTC on multi-jurisdictional mergers, competitor collaborations, and joint ventures, and she has…

Anne Lee, co-chair of the firm’s global Antitrust and Competition Law Practice Group, advises clients in complex antitrust litigation matters, strategic transactions, and government investigations. She represents clients before the DOJ and FTC on multi-jurisdictional mergers, competitor collaborations, and joint ventures, and she has litigated cases at the trial and appellate levels in both state and federal courts. Anne also provides antitrust counseling on a wide range of business conduct and compliance issues. A recognized leader in the area, Anne has been named to the “40 Under 40” rankings of both The National Law Journal and Global Competition Review.

Photo of Cort Lannin Cort Lannin

Cortlin Lannin is a litigator who defends clients in high-stakes antitrust and consumer matters. Described by Chambers USA as “smart, detail-oriented and thorough,” Cort has a depth of experience helping his clients successfully navigate the entire lifespan of these matters, from leading internal…

Cortlin Lannin is a litigator who defends clients in high-stakes antitrust and consumer matters. Described by Chambers USA as “smart, detail-oriented and thorough,” Cort has a depth of experience helping his clients successfully navigate the entire lifespan of these matters, from leading internal investigations to defending government investigations and the class action litigation that routinely follows.

Cort is co-chair of the firm’s global Cartel Defense and Government Investigations practice group and represents companies and individuals facing criminal and civil antitrust investigations, including before the DOJ Antitrust Division and FTC. Cort is also an experienced class action litigator and has defended his clients in cases implicating the high-tech industry, alleged “no-poach” and wage-fixing agreements, price-fixing, and similar conduct. Cort has been recognized as a Top Antitrust Lawyer by the Daily Journal.

Cort has also defended some of the world’s largest consumer-facing companies in class action litigation across courts nationwide. This includes cases alleging false advertising and unfair trade practices under California’s UCL, FAL, and CLRA, and other states’ laws. He is experienced at heading off cases before any complaint is filed and, if necessary, efficiently defeating complaints.

Cort is a co-chair of Covington’s CovPride Resource Group and is deeply involved in the firm’s efforts to recruit, mentor, and promote diverse attorneys. He also maintains an active pro bono practice and is currently leading a team working to preserve transgender adolescents’ access to gender-affirming care.

Photo of E. Kate Patchen E. Kate Patchen

Kate Patchen is partner and co-chair of both the firm’s Cartel Defense Practice Group and the firm’s Civil Antitrust Litigation Practice Group. With more than two decades of experience in global antitrust and competition law, she is a leading U.S. and globally recognized…

Kate Patchen is partner and co-chair of both the firm’s Cartel Defense Practice Group and the firm’s Civil Antitrust Litigation Practice Group. With more than two decades of experience in global antitrust and competition law, she is a leading U.S. and globally recognized antitrust and competition lawyer. Kate focuses her practice on government antitrust investigations, antitrust litigation, and antitrust compliance advice and training. Kate has worked on complex antitrust matters across numerous major industries, including technology, digital advertising, consumer products, and manufacturing.

Kate joined Covington following both a distinguished career in government and as a leader of the Competition and Litigation Department of a major Fortune 100 company. She served as the former Chief and Assistant Chief of the San Francisco Office of the Department of Justice Antitrust Division where she spent sixteen years investigating and litigating antitrust violations. During her time at the Division, she oversaw the Office’s civil and criminal antitrust enforcement programs, including criminal price-fixing, bid-rigging, and no-poach investigations, as well as civil conduct matters and merger review. Following her service in government, she spent several years as Director of Competition and Director of Litigation at one of the largest tech companies in the world where she advised on high-stakes litigation, government investigations, and provided competition legal advice globally. The breadth of Kate’s unique experience, and her insight on antitrust agency priorities, goals, and policies is a valuable asset to companies facing international, domestic, and multi-agency exposure.

Kate has a track record of success in both civil and criminal antitrust litigation, including prosecuting corporate and individual defendants in high-profile antitrust cases and defending a company in a high-profile monopolization case. She also served as a Special Assistant United States Attorney in the Western District of Washington and in the Eastern and Northern Districts of California where she successfully prosecuted and tried multiple federal criminal cases, including fraud and false-statement cases.

Kate is a non-governmental advisor to the International Competition Network, an advisor to the Executive Committee of the California Lawyer’s Association Antitrust and Unfair Competition Law Section, and a member of the American Bar Association’s Antitrust Section. Kate is also a regular speaker on antitrust panels and programs.