The Federal Trade Commission (FTC) has filed an amicus brief in support of the Department of Justice's (DOJ) Revised Proposed Final Judgment (RPFJ) concerning Google's antitrust violations. In August 2024, a federal judge determined that Google violated Section 2 of the Sherman Act by maintaining monopolies in general search services and general text advertising.
The DOJ's RPFJ aims to address these violations by requiring Google to share specific portions of its search index, user, and ads data with certain competitors for a limited time. This is contingent on implementing suitable security and privacy safeguards.
Katherine White, Deputy Director of the FTC’s Bureau of Consumer Protection, commented on the proposal: “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.” She added that the RPFJ could compel Google and other market participants to compete on consumer privacy protection.
The FTC's brief highlights how the RPFJ aligns with its own privacy and data-security orders. It also references Google's history with privacy issues, including three consent agreements with the FTC since 2011 over alleged privacy violations.
According to the FTC, the DOJ’s RPFJ includes similar safeguards as those required by previous FTC privacy orders. These require companies to establish programs for identifying and mitigating potential privacy and security risks, subjecting them to independent audits by third-party assessors.
A Technical Committee comprised of independent experts would be appointed under DOJ’s RPFJ. This committee would ensure that Qualified Competitors receiving data from Google maintain adequate user privacy protections.
The FTC emphasizes that oversight from this Technical Committee is crucial due to Google's past privacy lapses, which included paying a civil penalty for violating its 2011 privacy order with the FTC. The brief also suggests that these data-sharing requirements might incentivize competition on privacy protection among market participants.
The Commission vote authorizing staff to file the amicus brief was unanimous among participating members at 1-0-2. Commissioners Melissa Holyoak and Mark R. Meador were recused from voting. Commissioner Holyoak's recusal stems from her prior role as Utah’s Solicitor General, where she was involved in litigation against Google related to this case.
The Federal Trade Commission continues its mission to promote competition while protecting and educating consumers about their rights and potential frauds.
