Google’s defense team in the biggest tech monopolization case of the modern era includes veterans of a similarly historic US antitrust case. But back then they were on the government’s side.
For the next 10 weeks, lawyers for Alphabet Inc.’s Google will face off against federal prosecutors and state attorneys general at the same Washington DC courthouse where decades ago several worked for the Justice Department or fought side-by-side with it in the last major US monopolization case against Microsoft Corp.
“People wanted Netscape because it was the best browser,” Walker said in an interview. “We think in this case, and it’s clear, most people want to use Google search. They want to use Chrome.” The Google case “has a lot of similarities to the Microsoft case,” said Doug Melamed, a former Justice Department official during the trial who is now a scholar-in-residence at Stanford Law School. “You have an incumbent monopoly, Google, that is using its various sources of power to induce particularly distributors, basically on access to search engines to favor Google and thereby relatively disfavor disadvantaged” search engines.
In an interview, Creighton said she developed the ideas behind the white paper after speaking with Netscape co-founder Marc Andreessen about the problems the company was facing because of Microsoft’s conduct. Creighton wasn’t involved in the later litigation but said the case was crucial for the Justice Department and courts in understanding how antitrust should apply to the internet.
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