The Verdict Is In, But the Final Rules for Google Remain Unwritten

Though a verdict has been rendered, the final chapter of the Google antitrust saga remains unwritten. The judge’s ruling this week was a high-level decision, and the critical work of translating it into a detailed set of enforceable rules will happen over the next six days, culminating in a September 10 deadline.
This upcoming proposal, to be drafted by Google and the DOJ, is where the true impact of the case will be determined. The vague mandate to “share search data,” for example, must be defined. Will it be aggregated, anonymized query streams? What will the cost be? The answers to these questions will decide if the remedy has teeth.
Similarly, the ban on “exclusivity” needs clarification. Can Google offer such attractive financial incentives for partners to voluntarily feature its search engine alone that it amounts to de facto exclusivity? The wording of the final order will be crucial in preventing such loopholes.
The public may see the case as closed, but for the lawyers and executives involved, the work is just beginning. The document they produce next week will become the new operating manual for the world’s most dominant search engine, and every comma and clause will be a point of contention.