In a pivotal discussion on the future of Big Tech, recent developments suggest that the United States government may be moving toward breaking up Google. To delve deeper into this significant topic, I had the pleasure of inviting Jonathan Kanter, the former Assistant Attorney General for Antitrust in the Biden administration, back onto my podcast, Decoder.

Jonathan, who played a crucial role in shaping major antitrust cases against Google, departed from the Department of Justice following the election of President Trump. His expertise has been instrumental in the legal battles that Google has recently lost, and the government is currently navigating the complexities of these monumental cases. In a landmark decision, a court found that Google had unlawfully maintained its monopoly over web search through a series of exclusivity deals, particularly regarding default placements on devices like the iPhone.

The ongoing litigation is now in a critical phase, with the judge set to determine appropriate remedies to address Googles anticompetitive practices. The government is advocating for substantial remedies, which could include ordering Google to divest its Chrome browser and making its search data more accessible to competitors, thereby leveling the playing field in the digital marketplace.

Simultaneously, Google has faced another significant defeat in a separate antitrust case, where a court recently ruled that the company has substantially harmed publishers and users on the web due to its monopolistic practices in online advertising. This case is also set to enter a remedies phase, where the potential divestiture of parts of Googles advertising technology could be on the table.

As Google prepares to appeal these rulings, the long-term implications for the company and the overall landscape of the web could be transformative. The initial verdicts already suggest that the structure and operation of Googleand potentially the larger digital economycould be significantly altered following these legal proceedings.

These cases were initiated during the Trump administration, but Kanter and his team took them to trial and emerged victorious. Kanters expertise extends beyond Google; he has also spearheaded a prominent antitrust case against Apple. Now that he is free from government constraints, he shares his insights on the legal strategies employed and what the future may hold for tech regulation.

During our conversation, Kanter expressed his firm belief that breaking up Google is necessary and discussed the meticulous process his team undertook to build these cases. He likened his role to heading a specialized boutique law firm within the government, staffed with some of the most talented legal minds in antitrust law.

As we explored the political dynamics surrounding antitrust enforcement, Kanter highlighted a notable shift in bipartisan consensus on the issue. Increased collaboration between some members of the MAGA movement and Democrats around the necessity of breaking up Big Tech could potentially reshape the future of antitrust enforcement.

One pressing concern Kanter addressed was the effectiveness of the DOJs Antitrust Division under the current administration. Following significant political shifts, including changes in leadership and personnel within the DOJ, the efficacy of ongoing investigations and litigation efforts remains uncertain. Kanter shared his optimism regarding the dedication of current officials like Attorney General Pam Bondi and FTC Chair Andrew Ferguson to continue pursuing robust tech regulation. However, he also acknowledged the challenges posed by perceptions of political corruption and the erosion of trust in government institutions.

Throughout the interview, we examined the complexities of the digital advertising ecosystem, the implications of AI on market competition, and the broader impact of antitrust actions on the future of free expression and innovation in the tech industry. Kanter emphasized the necessity of protecting democratic principles and the rule of law in the face of corporate power.

As we navigate these unprecedented legal battles against tech giants, the dialogue surrounding antitrust and corporate accountability continues to evolve, reflecting a critical juncture for both the government and society at large. The decisions made in the coming months will undoubtedly shape the future of technology and its relationship with the public.