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Ask HN: Why is Apple not being sued along with Google in DOJ lawsuit?

by tsycho on 8/15/24, 11:12 PM with 5 comments

Apple is making tens of billions of dollars in this "default search provider on Safari" deal. If this deal is illegal, shouldn't both be an equal part of the lawsuit?

Further, this deal was made years ago when being the default on Safari wasn't a big deal (low % overall market share). How is this deal any different from Google's deal with Mozilla for default search provider for Firefox? The only difference I see is that Apple's marketshare grew exponentially, while Firefox is (sadly) dying.

But from a legal point of view, how do the above make sense?

  • by toast0 on 8/16/24, 4:44 PM

    a) It is Google's requirement to abstain from abusing its market power. Apple has no requirement to abstain from agreements that may be abuse of Google's market power.

    b) The contract may have been acceptable when entered into. But it's a continual performance contract, so it cam be reviewed under the current conditions.

    c) There's no need to cover everything in a single case. If the Mozilla contract didn't come up in this case, if the final decision bars the Apple contract, Google legal will consider the Mozilla contract in light of the decision and probably act appropriately. If not, there will be precedent and a new case on the Mozilla contract will go quickly.

  • by wmf on 8/16/24, 12:59 AM

    The search deals reinforce Google's monopoly. While the deal clearly benefits Apple, it doesn't benefit in an anti-competitive way.

    The Google-Firefox deal is also included in the antitrust case.

  • by talldayo on 8/15/24, 11:27 PM

    Apple is also being investigated as part of a DOJ lawsuit. Epic's spat with Google has been moving along faster, though I suspect that's because it's a simpler problem to solve. Apple's position in iOS is entrenched deeper and isn't as easily solved as Google's position on Android.

    As someone that doesn't like Apple very much, I think it's good news. Google should be scrutinized fully to make the relative harm of Apple's actions more apparent.

  • by kstenerud on 8/16/24, 3:01 AM

    It takes a long time and a lot of effort to build a federal lawsuit. There's no magical clockwork prosecutor that prosecutes all lawlessness equally. They pick their battles.

  • by bell-cot on 8/16/24, 12:10 AM

    IANAL, however...

    Google's behavior was ruled illegal because it was a violation of antitrust law, which limits things which a company with a large market share (meaning Google, in search) may do itself, to shut out competition.

    Apple Inc is not the US Dept. of Justice, nor a Federal Judge, nor privy to Google's internal data and dealings, nor in the search engine business itself, to either make or enforce any official or expert determinations about what Google may legally do. Nor to conduct any investigations into such matters, nor to ...

    (And the Feds had never ordered Apple to act on their behalf in such matters.)

    In other news, Uber & Lyft will happily take your money to take you places...without looking into whether that might create a violation of any restraining order currently in effect for you. Or involve women who aren't your wife. Or cause you to miss mandated court appearances. Or whatever. And they won't get in any trouble for that, even if you're sent to jail for it.