On August 5, 2024, Judge Amit Mehta of the U.S. District Court for the District of Columbia concluded that Google has monopolized markets for online searches and search text advertising and unlawfully engaged in exclusionary conduct in those markets. Specifically, the court found that Google used revenue sharing agreements with web browser developers, mobile device manufacturers, and wireless carriers to secure its status as the default search engine on most computers and cellphones across the United States. These agreements prevented rivals from competing for users, leaving Google to field around 90% of search queries and to sell the lion’s share of search text advertising. The court also determined that Google’s monopoly power permitted it to charge supracompetitive prices for search text ads. The court must next decide how to remedy Google’s conduct, a process that likely will extend well into next year.

Read our client alert here.

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Photo of Thomas Barnett Thomas Barnett

Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm’s Antitrust & Competition Law Practice Group. Tom served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to…

Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm’s Antitrust & Competition Law Practice Group. Tom served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.

During his tenure at the Department of Justice, Tom:

Oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court.

Was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions.

Led an active competition advocacy program that included numerous amicus briefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies.

Argued before the U.S. Supreme Court as amicus on behalf of the United States in Bell Atlantic Corp. v. Twombly.

Testified several times before Congressional committees.

Worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.

Received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.

Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He also served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.

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Photo of Anne Lee Anne Lee

Anne Lee, co-chair of the firm’s global Antitrust and Competition Law Practice Group, advises clients in complex antitrust litigation matters, strategic transactions, and government investigations. She represents clients before the DOJ and FTC on multi-jurisdictional mergers, competitor collaborations, and joint ventures, and she…

Anne Lee, co-chair of the firm’s global Antitrust and Competition Law Practice Group, advises clients in complex antitrust litigation matters, strategic transactions, and government investigations. She represents clients before the DOJ and FTC on multi-jurisdictional mergers, competitor collaborations, and joint ventures, and she has litigated cases at the trial and appellate levels in both state and federal courts. Anne also provides antitrust counseling on a wide range of business conduct and compliance issues. A recognized leader in the area, Anne has been named to the “40 Under 40” rankings of both The National Law Journal and Global Competition Review.

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Photo of Cort Lannin Cort Lannin

Cortlin Lannin is a litigator who defends clients in high-stakes antitrust and consumer matters. Described by Chambers USA as “smart, detail-oriented and thorough,” Cort has a depth of experience helping his clients successfully navigate the entire lifespan of these matters, from leading internal…

Cortlin Lannin is a litigator who defends clients in high-stakes antitrust and consumer matters. Described by Chambers USA as “smart, detail-oriented and thorough,” Cort has a depth of experience helping his clients successfully navigate the entire lifespan of these matters, from leading internal investigations to defending government investigations and class action litigation.

Cort is co-chair of the firm’s global Cartel Defense and Government Investigations Practice Group and represents companies and individuals facing criminal and civil antitrust investigations, including before the DOJ Antitrust Division and FTC. Cort is also an experienced class action litigator and has defended his clients in cases implicating the high-tech industry, alleged “no-poach” and wage-fixing agreements, price-fixing, and similar conduct. He has been recognized as a Top Antitrust Lawyer by the Daily Journal.

Cort has also defended many of the world’s largest consumer companies in class action litigation. This includes cases alleging false advertising, deceptive trade practices, and privacy violations under California, New York, and other states’ laws. He is experienced at heading off cases before any complaint is filed and successfully defeating complaints at the pleading stage. The Daily Journal has recognized Cort as achieving a “Top Verdict” and as one of California’s Top 100 lawyers, noting that “he has developed a track record of securing dismissals in consumer class action cases before discovery begins—a feat that remains uncommon in a practice area where courts typically allow plaintiffs broad latitude to develop their theories.”

Cort is also an editor of the firm’s Inside Class Action blog and regularly contributes analyses of new class action decisions and developments.

Cort maintains an active pro bono practice and is a co-chair of Covington’s CovPride Resource Group.

Watch: Cort provides insights on class action litigation, as part of our Navigating Class Actions video series.

 

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Photo of E. Kate Patchen E. Kate Patchen

Kate Patchen is co-chair of Covington’s Antitrust Litigation and Government Investigations Practice Groups. She represents clients in complex antitrust class actions, government investigations, and matters before the U.S. Department of Justice (DOJ) Antitrust Division and Federal Trade Commission. Kate also advises companies on…

Kate Patchen is co-chair of Covington’s Antitrust Litigation and Government Investigations Practice Groups. She represents clients in complex antitrust class actions, government investigations, and matters before the U.S. Department of Justice (DOJ) Antitrust Division and Federal Trade Commission. Kate also advises companies on competition compliance, joint ventures, and risk management strategies.

Before joining Covington, Kate spent 16 years with the DOJ’s Antitrust Division, including serving as Chief of the San Francisco Field Office, where she oversaw the Office’s civil and criminal enforcement programs. She led and supervised international cartel investigations, merger investigations, and represented the government in high-profile antitrust trials.

Following her tenure at the DOJ, Kate served as Director and Associate General Counsel for Competition and Litigation at a large technology company, where she led a global team of antitrust attorneys. She managed complex investigations across multiple jurisdictions, counseled senior executives on competition and regulatory matters, and managed the company’s antitrust litigation in high-profile matters.

Kate serves as an advisor to the Executive Committee of the California Lawyers Association’s Antitrust and Unfair Competition Law Section and is an active member of the American Bar Association’s Antitrust Section. She is a frequent speaker on antitrust law and enforcement topics at national and international programs.

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