Google dodged a bullet Tuesday when a federal judge ruled the company does not need to sell off the Chrome browser or Android as part of the landmark antitrust case against it. While Google faces penalties meant to boost competition, it avoided the most severe outcome—and that reprieve is giving hope to other Big Tech players.
Google is the only tech giant with a judgment so far, but the Federal Trade Commission (FTC) still has cases pending against others. Meta went on trial earlier this year in a case that could force it to divest Instagram and WhatsApp. (The judge is weighing that decision now.) The suit, which was filed in 2020, alleges Meta overpaid for the two apps to preserve its dominance in social networking.
Amazon, meanwhile, is set to face trial in October 2026 for the FTC’s antitrust suit. And Apple isn’t in the clear either: the Justice Department and 16 state and district attorneys general sued the company last March, accusing it of monopolizing the smartphone market.
The Google penalty should allow all of those companies to take a collective breath, as Judge Amit Mehta accepted “in full” Google’s proposed remedies, only tacking on a few modifications, while largely ignoring the government’s suggestions. In fact, Mehta called the proposal to divest Chrome or Android an overreach on the part of the government.
As part of his 226-page decision, Mehta wrote the rise of generative AI has “changed the course of this case,” acknowledging that services like ChatGPT have upended the tech world.
That line could be key in upcoming antitrust cases. If the case seems to be leaning against Big Tech, invoking AI and changing market conditions could be the corporate equivalent of a “get out of jail free” card.
Amazon, for example, could argue AI shopping agents drive consumers to the lowest prices, boosting competition. It also doesn’t hurt that Amazon’s competitors are showing gains: Walmart’s online sales jumped 22% last year and rose again in the second quarter, while Shein, Temu, and TikTok Shop are also chipping away at market share.
Meta, which is in the process of increasing its emphasis on AI, could make a similar argument. The company argues that today’s social media looks very different than it did when it acquired rivals. Its recent addition of a friends-only tab on Facebook—a way to restore a clean feed from people you actually know—reflects how much the industry has changed.
Still, some experts worry regulators are missing the bigger picture. By focusing narrowly on search or social dominance, they risk overlooking broader forms of platform power.
“My concern with the Justice Department is do they know how to measure the power of these platforms beyond as a service? I don’t think so,” Ram Chellappa, Professor of Information Systems & Operations Management at Emory University’s Goizueta Business School, told Fast Company.
After all, this week’s precedent aside, the AI argument does seem to have some holes. Google remains the clear leader in search, despite advances from AI companies. Amazon still controls just under 40% of the U.S. e-commerce market and has a vast network of third-party sellers. And Meta remains a social media giant.
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