Enlarge / Kenneth Dintzer, litigator for the US Department of Justice, exits federal court in Washington, DC, on September 20, 2023, during the antitrust trial to determine if Alphabet Inc.'s Google maintains a monopoly in the online search business. (credit: Bloomberg / Contributor | Bloomberg)

Near the end of the second day of closing arguments in the Google monopoly trial, US district judge Amit Mehta weighed whether sanctions were warranted over what the US Department of Justice described as Google's "routine, regular, and normal destruction" of evidence.

Google was accused of enacting a policy instructing employees to turn chat history off by default when discussing sensitive topics, including Google's revenue-sharing and mobile application distribution agreements. These agreements, the DOJ and state attorneys general argued, work to maintain Google's monopoly over search.

According to the DOJ, Google destroyed potentially hundreds of thousands of chat sessions not just during their investigation but also during litigation. Google only stopped the practice after the DOJ discovered the policy. DOJ's attorney Kenneth Dintzer told Mehta Friday that the DOJ believed the court should "conclude that communicating with history off shows anti-competitive intent to hide information because they knew they were violating antitrust law."

Enlarge / John Schmidtlein, partner at Williams & Connolly LLP and lead litigator for Alphabet Inc.'s Google, arrives to federal court in Washington, DC, US, on Monday, Oct. 2, 2023. (credit: Bloomberg / Contributor | Bloomberg)

Halfway through the first day of closing arguments in the Department of Justice's big antitrust trial against Google, US District Judge Amit Mehta posed the question that likely many Google users have pondered over years of DOJ claims that Google's market dominance has harmed users.

"What should Google have done to remain outside the crosshairs of the DOJ?" Mehta asked plaintiffs halfway through the first of two full days of closing arguments.

According to the DOJ and state attorneys general suing, Google has diminished search quality everywhere online, primarily by locking rivals out of default positions on devices and in browsers. By paying billions for default placements that the government has argued allowed Google to hoard traffic and profits, Google allegedly made it nearly impossible for rivals to secure enough traffic to compete, ultimately decreasing competition and innovation in search by limiting the number of viable search engines in the market.

Enlarge (credit: HJBC | iStock Editorial / Getty Images Plus)

In mid-June 2019, Microsoft co-founder Bill Gates and CEO Satya Nadella received a rude awakening in an email warning that Google had officially gotten too far ahead on AI and that Microsoft may never catch up without investing in OpenAI.

With the subject line "Thoughts on OpenAI," the email came from Microsoft's chief technology officer, Kevin Scott, who is also the company’s executive vice president of AI. In it, Scott said that he was "very, very worried" that he had made "a mistake" by dismissing Google's initial AI efforts as a "game-playing stunt."

It turned out, Scott suggested, that instead of goofing around, Google had been building critical AI infrastructure that was already paying off, according to a competitive analysis of Google's products that Scott said showed that Google was competing even more effectively in search. Scott realized that while Google was already moving on to production for "larger scale, more interesting" AI models, it might take Microsoft "multiple years" before it could even attempt to compete with Google.