AI Briefing: How Google and DOJ’s latest antitrust arguments address AI

Lawyers for the Department of Justice and Google filed lengthy written arguments Nov. 4 in the ad-tech antitrust trial ahead of closing arguments later this month. Totaling more than 1,000 pages, the revised findings of fact (FOF) threaded together court evidence and witness testimony along with each party’s argument for the case through a legal lens. One aspect is the role of AI in arguments from both parties, which has consistently evolved.

Recent innovations like large language models aren’t the focus of ongoing search and ad-tech trials between the DOJ and Google. However, experts have said court rulings in both cases could affect Google’s ability to amass data for generative AI like it’s done in the past. The latest filings also offer an updated look at both sides’ arguments and how they’ve evolved in the weeks since the trial began in September — with AI as just one narrow angle of viewing the lengthy legal text.

Even without mentioning newer areas of AI like LLMs or AI-generated content, both sides do talk about other major online platforms invested in AI like TikTok, Reddit and Meta. AI arguments in the revised versions also don’t drastically affect either’s arguments, said Sarah Oh Lam, senior fellow at Technology Policy Institute.

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