“Weighing Our Options”: DOJ Signals Potential Appeal of Google Remedy

The Department of Justice is signaling that its fight with Google may not be over, despite the conclusion of the remedies phase of its landmark antitrust trial. In a statement, the department’s antitrust chief said officials are “weighing our options” after the court declined to order the company’s breakup.
This language is a strong indicator that an appeal is on the table. The DOJ invested years of resources into this case with the explicit goal of securing a structural remedy, such as the sale of Chrome. The judge’s decision to opt for less severe behavioral changes is a fundamental disagreement with the government’s view of what is necessary to restore competition.
An appeal would focus not on the finding of guilt—which was a victory for the DOJ—but on the adequacy of the punishment. Government lawyers would argue that Judge Mehta abused his discretion by imposing a remedy that is too weak to fix the illegal monopoly he identified.
The decision to appeal is a strategic one. It would prolong the legal battle and create further uncertainty for Google, but it also carries the risk of another loss. The department’s next move will be a crucial signal of its resolve in its broader campaign to rein in the power of Big Tech.