Ohio Attorney General Dave Yost says a Delaware County Common Pleas Court has scheduled a trial for his "first-of-its-kind" lawsuit claiming Google is a common carrier subject to government regulation and should be compelled to produce "fairer results." But that trial isn't coming anytime soon.
The court has set May 14, 2024, to hear Ohio's complaint, which was filed in June 2021, so the wheels of Justice aren't exactly keeping up with the speed of high-speed internet.
The suit says that Google needs to be treated as a common carrier because it dominates internet search domestically and globally and, as a result, there are high barriers of entry to its competitors.
That includes preventing Google from self-preferencing its search results.
The suit says that the more Google is used, the better its search becomes, and the more entrenched its market power becomes in turn.
"Because Google Search is the most used search engine, its algorithms are the most refined and is perceived to generate the most relevant results," the suit says. "And because Google Search is perceived to deliver the best search results, it becomes more used in the future, further refining the search relevancy algorithms. Thus, Google’s dominant market position allows it to continue to refine its search algorithms to render Google with a competitive advantage over other search engines, leading to more market dominance by Google Search."
The suit says it is not arguing that dominance is bad, only that it is a fact, and one that the government needs the power to address through regulation, and should be able to because search is properly classified as a common carrier/utility under Ohio law.
It does suggest Google is using that dominance unfairly by intentionally disadvantaging competitors and favoring Google products over organic search results.
Yost says the suit is necessary to let consumers know Google is a common carrier under Ohio law, and to make sure that Google Search "does not unfairly discriminate against third party websites; that Google carries all responsive search results on an equal basis; and that it provides the public with ready access to organic search results that the Google Search algorithms produce."
"By manipulating search results to self-preference its own products, Google is tilting the playing field against consumers and against emerging competitors,” Yost said. “It's time to bring those unfair practices to an end," says Yost.
Back in May 2022, Delaware County Judge James Schuck refused Google's request to throw out the suit, signaling he thought a case might be made for common carrier status. ■
