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US accuses internet giant of paying $US10b a year to maintain search dominance

But the more searches Google processes, the more data it collects, data that can be used to improve future searches and give it an even bigger advantage over its rivals, Dintzer said. “User data is the oxygen for a search engine,” he said. Because of its market dominance, “Google search and ad products are better than its rivals can hope to be.”

That is why, he said, Google pays so much for its search engine to be the default option on products from Apple and other companies.

Alphabet CEO Sundar Pichai is expected to be one of many executives called to testify at the trial.

Alphabet CEO Sundar Pichai is expected to be one of many executives called to testify at the trial. Credit: AP

Google “began weaponizing defaults” more than 15 years ago, Dintzer said, citing an internal Google document calling its arrangements an “Achilles Heel” for rival search engines offered by Yahoo and MSN.

He also alleged that Google strong-armed Apple into giving its search engine a default position on its devices as a condition for revenue sharing. “This is not a negotiation,” Dintzer said. “This is Google saying: Take it or leave it.”

Litigators argue the company’s anticompetitive tactics prevented Apple from developing a search engine of its own.

And Dintzer said Google deleted documents to keep them out of court proceedings and sought to hide others under attorney-client privilege.

The trial begins just a couple of weeks after the 25th anniversary of the first investment in Google — a $US100,000 check written by Sun Microsystems co-founder Andy Bechtolsheim that enabled Page and Sergey Brin to set up shop in a Silicon Valley garage.

“They destroyed documents for years,” Dintzer said. “They turned history off, your honour, so they could rewrite it in this court.”

While questioning Google chief economist Hal Varian – the trial’s first witness – Dintzer produced a July 2003 memo in which Varian urged Google employees to be cautious about how they discussed competition with Microsoft, lest they raise antitrust concerns. “We should be careful about what we say in both public and private,” Varian wrote. References to “cutting off their air supply” and similar comments, for instance, “should be avoided.”

From Google’s perspective, perpetual improvements to its search engine explain why people almost reflexively keep coming back to it, a habit that long ago made “Googling” synonymous with looking things up on the internet. Schmidtlein said Google’s tweaks simply made its search better than key rival Bing. “At every critical juncture,” he said, “they were beaten in the market.”

The trial begins just a couple of weeks after the 25th anniversary of the first investment in Google — a $US100,000 check written by Sun Microsystems co-founder Andy Bechtolsheim that enabled Page and Sergey Brin to set up shop in a Silicon Valley garage.

Today, Google’s corporate parent, Alphabet, is worth $US1.7 trillion and employs 182,000 people, with most of the money coming from $US224 billion in annual ad sales flowing through a network of digital services anchored by a search engine that fields billions of queries a day.

While questioning Google chief economist Hal Varian – the trial’s first witness – Dintzer produced a July 2003 memo in which Varian urged Google employees to be cautious about how they discussed competition with Microsoft.

While questioning Google chief economist Hal Varian – the trial’s first witness – Dintzer produced a July 2003 memo in which Varian urged Google employees to be cautious about how they discussed competition with Microsoft.Credit: Eamon Gallagher

The Justice Department’s antitrust case echoes the one it filed against Microsoft in 1998. Regulators then accused Microsoft of forcing computer makers that relied on its dominant Windows operating system to also feature Microsoft’s Internet Explorer — just as the internet was starting to go mainstream. That bundling practice crushed competition from the once-popular browser Netscape.

Several members of the Justice Department’s team in the Google case — including Dintzer — also worked on the Microsoft investigation.

Google could be hobbled if the trial ends in concessions that undercut its power. One possibility is that the company could be forced to stop paying Apple and other companies to make Google the default search engine on smartphones and computers.

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Or the legal battle could cause Google to lose focus. That’s what happened to Microsoft after its antitrust showdown with the Justice Department. Distracted, the software giant struggled to adapt to the impact of internet search and smartphones. Google capitalised on that distraction to leap from its startup roots into an imposing powerhouse.

AP

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