State Attorneys General Pose Antitrust and Privacy Enforcement Risk to Google and Facebook; Could Initiate Android Case Like They Did US v. Microsoft

The Capitol Forum
August 3, 2018

Following the European Commission’s $5 Billion Google Android fine, Missouri Attorney General Josh Hawley expanded the state’s existing probe into Google to include its Android practices, the latest of a series of moves by state attorneys general to scrutinize tech companies on competition and privacy grounds. In The Capitol Forum, Sally Hubbard recapped recent state actions against Google and Facebook and described how multiple state investigations could spur the DOJ to launch its own investigation into the tech companies.

Jay Himes, co-chair of Labaton Sucharow’s Antitrust Practice, was interviewed for the piece and described how a similar pattern played out in U.S. v Microsoft, the landmark monopolization case. The “investigation process really began with the states,” noted Jay. “There was increasing coordination along the way leading to individual state and federal cases filed at the same time.” Jay, who served on the oversight committee for the Microsoft remedy, also speculated on potential remedies if there is an Android case.

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