Taking Lead Over FTC, DOJ Likely to Rule This Summer That Google Is Monopoly, Says Cleland

DOJ's Antitrust Division will probably rule this summer that Google "is a 90+% search monopoly that has anticompetitively abused its monopoly position in search," wrote Scott Cleland, chairman of ISP-backed NetCompetition, in a Thursday blog post. The action likely will come in June or July after EU authorities conclude the first of three antitrust cases against the company (see 1604200001 and 1607140001), he said. DOJ will "impose a traditional monopoly nondiscrimination principle remedy that Google treat its shopping comparison competitors as it treats itself," Cleland said. Justice will usurp FTC as the lead antitrust enforcer against Google based on a half-dozen reasons: DOJ has a "very tough" record with Google vs. the FTC's "weak" one; it has criminal and international coordination jurisdiction over cartel enforcement; Makan Delrahim, President Donald Trump's DOJ's antitrust chief nominee, has "institutional trust, clout, and authority" (see 1703280020); and FTC Section 5 authority "has proven to be more liability than institutional advantage." Google didn't comment while DOJ declined to comment.