DOJ takes aim at Google's access to rival data during monopoly remedy stage

WASHINGTON (CN) — The Justice Department asked a federal judge on Friday to block Google from accessing confidential data from third-party competitors as they seek approval to review the technology giant’s extensive search index as part of a potential remedy process.

In a joint status report, the parties asked U.S. District Judge Amit Mehta to quickly address the extent to which Google is entitled to view information submitted by competitors to a three-member Technical Committee responsible for overseeing the remedy process.

In September 2025, the Barack Obama appointee ordered Google share search index and user data with search engine competitors as well as certain search syndication services.

The Technical Committee will be responsible for ensuring Google shares its search index and user data with rival search engine companies and potential competitors entering the search market while screening such recipients to prevent data leaks.

According to the Justice Department, the committee will help address “over a decade’s worth of competitive harm” caused by Google’s internet search monopoly in part by screening potential competitors who seek to match Google’s quality through the data sharing and search index syndication.

For the remedy to succeed, the committee must be able to work freely with potential competitors and better understand whether they can be trusted with the sensitive data and their intentions. Google’s interference could drive away competitors, the DOJ warned.

“Google’s positions would undermine the success of the remedies by having a chilling effect on actual or potential competitors of Google, who may decline to engage with the TC or plaintiffs out of fear that any information received by the TC would have to be disclosed to Google or its counsel,” the Justice Department argued.

Under the government’s proposal, Google and its attorneys would only be able to access confidential third-party information that is contained in the Technical Committee’s final written recommendations. However, Google could make limited requests for specific types of information, subject to the Justice Department’s approval.

Steve Fischer, chief business officer at search competitor DuckDuckGo, filed a declaration in support of the Justice Department’s position and cited forward-looking business plans as documents he wants to shield from Google.

“DuckDuckGo’s forward-looking business plans are among the most competitively sensitive documents in its possession,” Fischer said. “While DuckDuckGo was required to produce highly sensitive documents in response to subpoenas it received from the parties during this litigation, to which Google’s outside counsel had access, most of those documents were at least a year old at the time of their production. However, forward-looking plans, particularly those of the type described above, carry an even higher level of sensitivity.”

Fischer added that, if DuckDuckGo intended to use Google’s search data to develop a new product, the disclosure to Google executives could have a “catastrophic impact” on its ability to execute those plans.

Google argues it needs to be an “active participant” in the proceedings before the Technical Committee and have some insight into what competitors submit. If Mehta adopted the Justice Department’s position, it would block Google from accessing key evidence underlying the committee’s decisions and recommendations, which the company equates to a denial of due process given the impact the committee’s recommendations could have on the core aspect of its business.

“Google cannot meaningfully address the Technical Committee’s recommendations and raise objections as necessary without access to the information the Technical Committee considers in the process of deliberating and arriving at its recommendations,” Google said. “It does not suffice to receive the end product — the final recommendation — with only that information that the Technical Committee and/or plaintiffs choose to reveal.”

According to Google, the Justice Department could present the committee’s recommendation as backed by substantial third-party feedback and Google would have to accept it without any proof.

Mehta scheduled a hearing Tuesday to hear arguments on the issue.

The status report comes as Google has appealed Mehta’s rulings to the D.C. Circuit, which laid out a briefing schedule through late September, setting up oral arguments this winter.

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