FTC Files Amicus Brief Supporting DOJ’s Proposed Judgment Against Google for Antitrust Violations

Key Takeaways:

• FTC’s Support for DOJ Judgment: The FTC’s brief backs the DOJ’s proposed final judgment requiring Google to share specific data with competitors under strict privacy safeguards.
• Technical Committee Oversight: A court-appointed Technical Committee will oversee Google’s data-sharing practices to ensure privacy protection and compliance.
• Privacy-Enhancing Technologies: The proposed remedy allows Google to use privacy-enhancing technologies, with independent oversight, to further protect consumer data.
• Fostering Competition on Privacy: The FTC argues that the RPFJ could drive competition in privacy and data protection, benefiting consumers and encouraging better privacy practices across the industry.

Deep Dive

The Federal Trade Commission (FTC) has filed an amicus brief in support of the Department of Justice’s (DOJ) Revised Proposed Final Judgment (RPFJ) aimed at addressing Google's violations of antitrust laws, specifically in relation to its monopolistic practices in search services and online advertising. The FTC, as the nation’s primary privacy enforcement agency, emphasized the importance of privacy protections within the proposed settlement.

In 2024, a federal judge found that Google violated Section 2 of the Sherman Act by maintaining monopolies in general search services and text-based advertising. As part of the RPFJ, the DOJ has proposed that Google share specific portions of its search index, user, and ad data with select competitors, under strict privacy safeguards, to remedy these violations and foster competition.

The FTC’s brief asserts that the privacy safeguards included in the RPFJ align with those the Commission has consistently required in privacy and data security orders against other companies. “The privacy safeguards proposed by DOJ are in line with the measures the FTC has required numerous companies to take to address privacy and data security failures,” said Katherine White, Deputy Director of the FTC’s Bureau of Consumer Protection.

The amicus brief highlights Google’s history of privacy violations, citing multiple consent agreements with the FTC since 2011 over concerns related to privacy breaches. The Commission’s support for the RPFJ underscores the necessity of protecting consumer privacy while enforcing antitrust measures, particularly given Google’s track record in this area.

Key to the RPFJ is the establishment of a Technical Committee (TC), composed of independent experts, who will oversee both Google’s data-sharing practices and the privacy measures employed by competitors receiving Google’s data. The FTC stresses the importance of this oversight, especially given Google’s past lapses, such as paying a civil penalty for violating its 2011 privacy order.

In addition to these measures, the RPFJ incorporates privacy-enhancing technologies (PETs), which Google may employ, with oversight from the TC. The brief points out that PETs can offer an extra layer of protection against privacy risks, particularly when it comes to data anonymization.

The FTC also argues that the RPFJ’s privacy protections will foster increased competition in the search and advertising markets by incentivizing market participants, including Google, to compete based on the quality of their privacy policies and technology, ultimately benefiting consumers.

The Commission’s decision to file the amicus brief was authorized by a 1-0-2 vote, with Commissioners Melissa Holyoak and Mark R. Meador recused from the matter due to conflicts of interest.

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