The Department of Justice’s lawsuit against Google has the potential to reshape monopolization law and the operations of one of the most widely-relied upon companies in the world. With stakes that high, one can be forgiven for not immediately focusing on the implications of the litigation for antitrust compliance programs. But regardless of the outcome of the case on the merits, there are and will be real, discrete takeaways that in-house and outside compliance counsel should incorporate into their practices immediately.
In building its case, the DOJ has alleged that Google’s antitrust training documents are evidence that Google has long known that it needed to be sensitive about antitrust considerations. Company training documents, for example, encouraged Google employees not to use phrases like “market shares,” “scale,” “dominance,” “leverage,” orThe training documents also directed employees to “[a]void metaphors involving wars or sports, winning or