Beyond Remedies: Why the U.S. v. Google Decision Underscores the Need for a Digital Regulator

The D.C. District court announced its decision in U.S. v. Google, and Judge Mehta rightfully agreed with the Department of Justice that Google violated Section 2 of the Sherman Act through its actions in the search and search text advertising markets. While we can speculate what the remedies (and industry impact) might be, I’d like to take this opportunity to think beyond remedies and talk about how the United States can confront the harms of digital platform consolidation more proactively. The remedies in this case would benefit from expert analysis of digital platforms and their practices, informed by research on the complexities of building competitive technology markets. A sector-specific agency can provide such guidance by offering expertise on matters like interoperability or data portability; in other words, a digital regulator can execute means for healthy competition. This is not to suggest that a digital regulator is necessary for a structural separation remedy—structural separation can, and should, be considered by Judge Mehta as a remedy in this case. Simply put, we need both.