Apple wants to defend its multi-billion dollar search engine deal with Google, which is in danger because Google has been found guilty of violating antitrust law. Apple has asked the court handling Google's lawsuit with the U.S. government for an emergency stay [PDF], so that Apple has time to intervene and plead its case before a remedy is decided on.
The U.S. Department of Justice sued Google for anti-competitve behavior in the search market way back in 2020, and after a lengthy legal battle, the DoJ won. A main component of the lawsuit was Google's deal with Apple, which sees Google pay billions annually to be the default search engine for Safari. The court decided that the agreement between Apple and Google violated antitrust law, and is a major reason Google has been able to maintain its search engine monopoly.
The U.S. government asked the court to bar Google from entering into contracts with Apple, among other restrictions, and that will cost Apple a lot of money. In 2022, for example, Google paid Apple $20 billion. Apple already asked the court to allow it to be more involved in the case as remedies are decided on, and the court denied the request due to timing. Apple appealed the decision, and is asking for a stay while the appeal plays out.
Apple says that because its deal with Google is at stake, it deserves a right to participate, and without a stay, it will "suffer clear and substantial irreparable harm."
Apple will be unable to participate in discovery and develop evidence in the targeted fashion it has proposed as this litigation progresses toward a final judgment. If Apple's appeal is not resolved until during or after the remedies trial, Apple may well be forced to stand mute at trial, as a mere spectator, while the government pursues an extreme remedy that targets Apple by name and would prohibit any commercial arrangement between Apple and Google for a decade.
In addition to prohibiting deals between Apple and Google, the U.S. Department of Justice also has more extreme remedies in mind, including forcing Google to sell its Chrome browser and uncoupling Android from other products like Google Search and the Google Play Store. Google has a lot to defend against, and will prioritize Chrome over its deal with Apple.
When initially asking to take a larger role in the case, Apple said that Google "can no longer adequately represent Apple's interests" because of the wide scope of the case. Unsurprisingly, the DoJ does not want Apple involved in the remedies portion of the trial, which is set to start in April.
If the court decides that Google can't pay Apple to be the default search engine on Safari, Apple would still have to offer Google Search as an option in some capacity, but would not be able to continue to collect money for doing so.
