By: Isabella Eisenhart
The Department of Justice Antitrust division recently began an investigation into Google’s mapping dominance in the market over digital maps and location information. Although no decision has been made to file a case, DOJ officials have been meeting with customers and competitors of Google to determine witnesses in a lawsuit to challenge their dominant position.
This comes less than a month after a civil antitrust lawsuit was filed against Google by the DOJ for monopolizing digital advertising technology products that violate Sections 1 and 2 of the Sherman Antitrust Act.
Investigations began during Donald Trump’s presidency when the Justice Department opened a wide-range antitrust probe in every part of Google in early 2019. The DOJ and a group of state attorneys general first sued Google in October 2020 for illegally monopolizing the online search market, which is set to go to trial in September. In January 2021, a second case was filed by the DOJ and a group of states against Google, targeting its online advertising business. Google is also facing a lawsuit from a group of states led by Texas for advertising-related issues and litigation over conduct in a Google Play Mobile app store by a Utah-led group of states.
This investigation is mainly focused on Google’s control over digital maps and location data, including parks, businesses, landmarks, and buildings, and the precise location of a host of places. The DOJ is inspecting whether Google is illegally forcing app developers to use mapping and search products together, rather than choose competing options for different services. Since Google has substantial data on locations, prosecutors are examining how Google can prevent developers from data with competing mapping services. Google spokesperson Peter Schottenfels responded by saying that “Developers choose to use Google Maps Platform out of many options” because it “provides helpful, high-quality information” but are “free to use other mapping services in addition to Google Maps Platform – and many do.”
Google has responded by saying that its policies are meant to improve user experience, arguing that using Google and non-Google information could cause errors and safety risks. Google also licenses some mapping data from third-party sources and faces restrictions on how data is allowed to be shared.
The DOJ is also attacking the Google Automotive Services offered to automakers, which combines Google Maps, Google Play app store, and Google’s voice assistant. Car, information, and entertainment manufacturers have trouble combining products and services if they choose to use Google Maps. Schottenfels responded by stating, “Even if automakers if automakers choose Android Automotive OS, they aren’t required to use Google Automotive Services for their cars.”
Jonathan Kanter, the DOJ’s antitrust head, and a longtime critic of Google while in private practice, has said the largest tech companies are looking to use their various lines of business to boost their monopoly power in a core market, in this case search, as well as leverage that core market power to build dominant positions in new markets. Google seems to be a prime example of this, as it is also a main component to delivery services and ride-share companies. The DOJ is attacking contact provisions that require customers to share app data, for example, in food delivery apps to share data on customer searches and deliveries. The House of Representatives filed a report that details how Google increased its map sector through acquisitions, such as the purchase of Waze in 2013.
Overall, the Department of Justice’s investigation underlines a shift in regulating technology markets. What this holds in store for Google, though, remains to be seen.
Work Cited
Sisco, Josh. “DOJ Pushes Ahead with Google Maps Antitrust Probe.” POLITICO, 22 Feb. 2023, https://www.politico.com/news/2023/02/22/doj-google-maps-antitrust-probe-00084058.
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