The recent ruling by U.S. District Judge Amit Mehta, which found Google guilty of monopolistic practices in its search engine and digital advertising operations, is a seismic event in the tech world. As we look at the implications of this ruling, particularly in light of the rise of AI-powered search engines, I’m thrilled to discuss these developments with Richard Finkelman, a managing director and AI expert at BRG.
Olga V. Mack: Richard, with your deep expertise in AI and legal technology, what do you think are the most critical remedies that might be imposed on Google following this ruling?
Richard Finkelman: The ruling against Google has opened up a range of potential remedies, each aimed at curbing Google’s dominance and restoring competitive balance in the market. The remedies could be structural, such as breaking up Google into smaller entities, or behavioral, like prohibiting exclusive agreements that make Google the default search engine on devices. However, the rise of AI-powered search engines like Perplexity and OpenAI’s plans to launch a search engine introduces a new dynamic that could influence these remedies.
OM: How do you see AI-powered search engines like Perplexity impacting the enforcement of these remedies?
RF: AI-powered search engines have the potential to disrupt the search market significantly, offering alternatives that were previously unimaginable. These engines leverage advanced natural language processing and machine learning to provide more personalized and intuitive search experiences. This innovation could naturally erode Google’s market share, lessening the need for extreme remedies like a breakup. Instead, we might see regulators focus on promoting user choice, perhaps through the implementation of choice screens that allow users to select their preferred search engine, including these AI-powered options. Such measures could foster competition without the complexities of dismantling Google.
OM: You’ve mentioned that AI search engines could reduce the need for drastic regulatory interventions. But aren’t there also challenges associated with these new technologies, particularly in terms of bias and ethical use?
RF: Absolutely. While AI search engines offer exciting possibilities, they also come with their own set of challenges. One of the most pressing issues is bias. AI models are only as good as the data they’re trained on, and if that data is biased, the search results will be too. Google’s Gemini project, which has faced criticism for biased image generation, is one example of how hard it is to correct potential bias. Ensuring that AI search engines are fair, transparent, and accountable is crucial. Moreover, as these technologies become more pervasive, we need to be vigilant about privacy concerns and the potential for misuse, such as the spread of misinformation.
OM: Any final thoughts on potential remedies from the Google decision?
RF: I expect that the remedies in this case will include the sharing of underlying technologies similar to the remedies that came out of the U.S. v. Microsoft case in 2001. In that case, the court found that Microsoft had used its monopoly power in personal computer operating systems to restrict competition. While the initial ruling called for Microsoft to be split, it was overturned on appeal. Instead, behavioral remedies were implemented, such as prohibiting Microsoft from entering into exclusionary agreements and requiring it to share certain technologies.
In this case the sharing of underlying technologies may include the AI components of Google’s AI Overview platform. Google launched AI Overview in May. It is a modified search experience within Google which leverages generative AI to dynamically respond to users’ queries. The court may order that pieces of this technology be shared with other search engine companies.
Olga V. Mack is a Fellow at CodeX, The Stanford Center for Legal Informatics, and a Generative AI Editor at law.MIT. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat, Fundamentals of Smart Contract Security, and Blockchain Value: Transforming Business Models, Society, and Communities. She is working on three books: Visual IQ for Lawyers (ABA 2024), The Rise of Product Lawyers: An Analytical Framework to Systematically Advise Your Clients Throughout the Product Lifecycle (Globe Law and Business 2024), and Legal Operations in the Age of AI and Data (Globe Law and Business 2024). You can follow Olga on LinkedIn and Twitter @olgavmack.
