US vs. Google amicus curiae brief of Y Combinator in support of plaintiffs [pdf]

storage.courtlistener.com

410 points by dave1629 4 days ago


0xbadcafebee - 3 days ago

I'm not sure people understand what the consequences of taking away Google's ad revenue is. If a large enough bank goes under, it takes out not just the bank, but huge sectors of the economy, affecting many more businesses and jobs. That's why the government bailed out the banks when they failed.

The same will happen when Google loses its ad revenue. Google is an ad company. By opening up all its trade secret data, it loses its advantage. That will make it lose its core revenue. The end result will be Google collapsing entirely within a few years. Then those component parts people are talking about "opening up" will be gone too.

Here's a small number of things that will die when Google dies. Can you imagine how the world will be affected when these go away?

  - Google Maps
  - Google Mail
  - Google Drive
  - Google Docs
  - Google Groups
  - Google Forms
  - Google Cloud
  - Google OAuth
  - Google Search
  - Google Analytics
  - Chrome
  - Android
  - Android Auto
  - Fitbit
  - Google Fi
  - Google Fiber
  - Google Flights
  - Google Translate
  - Google Pay
  - Waymo
In the best case, killing these will force consumers to move to Apple. You wanna talk monopoly? You haven't seen anything yet.

Apple has no alternative for much of the Business-focused products, so that will take considerable time for companies to adopt alternatives. But in the meantime, the world will become pretty broken for a lot of companies that depend on these tools. This will affect many more people than just Google's direct users. The whole web will shrink, and huge swaths of the worldwide economy will disappear. Businesses closing, lost jobs, shrinking economies, lack of services.

There are plenty of parties who want to see Google lose or take part of its businesses. But if it's not done extremely carefully, there's a very large stack of dominoes that are poised to fall.

snielson - 3 days ago

The solution proposed by Kagi—separate the search index from the rest of Google—seems to make the most sense. Kagi explains it more here: https://blog.kagi.com/dawn-new-era-search

danboarder - 3 days ago

This action comes a bit late, at the end of the "Search engine" era, at a time when AI responses from many sources are largely replacing the "Google Search".

Similar action happened against Microsoft Windows around 2000, just as the rise of web-based apps (online email, google docs, etc) largely made the underlying operating system less relevant to how people use their computers and apps.

So I read this as the dominant player can monopolize a market while it's relevant without an issue, and once the market starts to move on, the antitrust lawsuits come in to "make the market more competitive" at a time when that era is mostly over.

And trying to regulate early (as with the last administration's AI legislation that is now being repealed) we can see that only hindsight is 20/20, and regulating too early can kill a market. My conclusion is to just let the best product win, and even dominate for a while as this is part of the market cycle, and when a better product/platform comes along the market will move to it.

beambot - 4 days ago

This feels a bit like cutting off your nose to spite your face...

Unlike Microsoft's antitrust case of the 90s, Google seems much less anti-competitive by nature. Sure, they have unprecedented scale in search... but even that hegemony is being threatened by others in AI.

If anything, going after Google with a DoJ kludgel will cause a servere freeze on startup M&A across all of FAANG. With IPO windows (mostly) closed, this removes the biggest exit dynamic the startup ecosystem has at its disposal. This is not a good thing from my perspective, and would seem counter to YC's interests.

Someone steelman this for me...?

Workaccount2 - 3 days ago

The real killer is that Google perfected the ad-paid model, and launched an entire ecosystem on top of it

Paid competitors cannot compete because people won't pay. People want the death of Google because people hate ads and tracking.

Ultimately it is an everyone loses situation. No one is going to fly in a replace Google without either 1.) Charging a monthly sub or 2.) Invasive (yet most profitable) ad tracking.

This is exactly why youtube stands alone too. What company looks at youtube's userbase and says "Yes, I want to cater to people who despise subscriptions and block ads". Exactly what vid.me did in 2017, which everyone celebrated until the went bankrupt.

selfhoster - 2 days ago

Here is anticompetitive, I use Firefox on Ubuntu Linux and went to Apple maps site, here is what it says:

https://maps.apple.com/unsupported

"Your current browser isn't supported"

I thought OK, how many people use Firefox on Linux. So I went to their site in this browser, Chrome (most popular browser in the world on the most popular Linux Desktop OS, Ubuntu)...same error.

Every site I visit in Chrome (and Edge when I use it for the few sites I use it for) works on Linux.

Apple should be the target of breaking up. Why isn't Y Combinator and the U.S. going after them?

sambeau - 3 days ago

The really uncompetitive behaviour started when Google removed the search string from search links. That killed 3rd party (and home-grown) analytics, which in turn facilitated large scale tracking of users from site with analytics to site with analytics.

If you wanted to know how your keywords were performing you had to use Google Analytics.

RainyDayTmrw - 3 days ago

Make no mistake. This is, first and foremost, a big, for-profit corporation fighting a bigger, for-profit corporation, for its own financial interests. Nevertheless, we may stand to benefit, if only incidentally.

In particular, if the legal authorities start to unwind Google, I actually think Chrome and Android are more important to wall off or spin out than anything advertising or AI related.

CommenterPerson - 3 days ago

Garmin user here. Maybe the last one on the planet? (my kid thinks I'm nuts).

Many of the comments are about how great Google's products are (or aren't). But the case is about anti-competitive behavior. Personally, I hate how a bulk of the internet now consists of surveillance. All this amazing tech brilliance.. resting on a foundation that's about getting us to buy more junk. I will be happy if this lawsuit reduces that (even a little bit).

hshshshshsh - 3 days ago

Isn't there an obvious conflict of interest here? YC Wil benefit if Google is to share its index with startups. YC will fund hundreds of companies and then one of them will end up monopoly. What kind of bs is this. Cycle repeats.

light_triad - 3 days ago

It's good for YC to do this and will benefit every startup in the long run. Google has been one of the sources of the AI boom, and provides liquidity by acquiring startups. But as YC argues they've monopolised distribution channels to the point where you need to go through the Google toll booth every time you want to access the market. This tax on founders to reach their audience makes many types of businesses unsustainable and impossible, especially for products where usage != sharing.

creato - 3 days ago

It's disappointing to see the historical revisionism in these threads. Say what you will about google now, but the idea that they just bought their way into X industry doesn't seem right. Until maybe 10 years ago, tech people almost universally loved Google's offerings and adopted them eagerly because they were good. I remember the mad scramble on various forums for a gmail invite. I remember when google maps came about, it was a revelation compared to mapquest and so on. You could scroll the map instead of clicking buttons to jump half a screen at a time! For years 0-5 at least, chrome was almost universally loved by tech people. Process isolation, speed, lack of toolbar shitware, etc.

At every company I've been at, half the dependencies came from big tech, and more than half of those were built and maintained by google. bazel, kubernetes, test frameworks, tensorflow, etc. these are just the big ones. There are a lot of smaller libraries from google that we've used too, and more still that aren't owned by google but they invest a lot of engineering time into.

I don't know what the right answer is to the google of today, but the cavalier assumption that google has simply leveraged a monopoly in search to build everything else it has doesn't add up to me.

xyzzy9563 - 4 days ago

Google is effectively being punished for retaining their earnings and re-investing in tons of software R&D over the years. Their "monopoly" is because people choose to use them, not because they have to. Not to mention they are are being disrupted by ChatGPT and other LLMs anyways right now. There have always been lots of web browsers and search engines, but Google simply did a better job making and refining their software and hiring people to do that.

xiphias2 - 4 days ago

AI is the most competitive and healthy large industry I have seen. Having a search index helps just like having tweets for x.ai, but data isn’t the deciding factor.

l72 - 3 days ago

The search part of Google doesn’t bother me. I have other options and I now reach for an llm first, then fall back to ddg. What I do think needs to be separated are: 1) Ads and analytics 2) Chrome 3) Google Play Services.

Googles ad platform and analytics are difficult to avoid. Even with browser extensions, dns blocking, and aggressive firewall rules, this is virtually impossible to avoid. I am shocked at how many websites and apps break when these are blocked. There needs to be a much healthier ecosystem without a single company gobbling all this up.

Chrome is also a big issue. Google has regularly used its web sites and android to heavily push chrome. They also use that influence for web “standards” that are not really standards. On top of it, even googles own sites are often terrible with non chrome based browsers. We need a variety of user agents and we need real standards that a truly independent body has a say in. The web has matured and we don’t need to be in a race for new apis and features right now.

Google play services are also a huge pain point. When developing for Android, you almost have to use them. Running Android without Google Play services or with an alternate is a futile effort if you want any sort of main stream app. My degoogled work phone is mostly useless for anything. We definitely need standards for these services with replaceable components that are transparent to the apps.

dismalaf - 3 days ago

Not sure a VC firm with a vested interest in Google failing should be allowed to have an opinion here...

I always thought the point of the government breaking up monopolies was to prevent anti-competitive behaviour, not simply to punish companies for being too successful.

If we want to talk about what's best for the economy and startups, there's a bunch of large companies that could be broken up for the benefit of society, but not sure that's entirely fair either.

r0m4n0 - 4 days ago

As others have pointed out, YC is definitely trying to get some of that Google money. Another important aspect that benefits YC is a turn of events that would improve the talent pool. Google retains tens of thousands of software engineers, I’d argue maybe the biggest reserve in existence. It’s the largest population of experienced engineers that won’t leave because the money and circumstances are too good. Startups would benefit if these circumstances changed

adrr - 3 days ago

How much things have changed when antitrust used mean unfair practices by real monopolies. Real monopolies. Standard Oil which you had no choice in what gas you used. The Bell System(ATT) controlled all of long distance, you had no choice to use them for making long distance calls. Microsoft owned 95% of the market when they got with antitrust, there was other OSes but your software wouldn't run on those OSes. Consumers had no choice. We got stuck with shitty products that were overpriced.

Now antitrust means punishing companies that are too good. Their product is too superior. Even though Windows, the most used computer OS, literally defaults bing search but consumers change it to google. They are choosing to use google. We're going to punish the company that makes a product so good users don't want to use other products. They clearly have choice. There is no switching cost to what search engine you use. Its sad when companies who can't make a product people that people't don't want to use instead to use regulatory capture to prevent real competition in the search engine market. Just make a better product.

iataiatax10 - 3 days ago

Having a monopoly is not against the law. Harming consumers is. The remedies should address the former not the later. Google's monopoly was earned by engineering excellence.

hermannj314 - 4 days ago

Is an Amicus brief just a way the legal profession sells ad space in high profile cases?

You pay a lawyer a few thousand bucks to write some populist bromides you get to slap your name in the news. Seems like a good ROI.

Hydrocarb0n - 3 days ago

Google is much bigger than a Monopoly, it is a multi-monopoly, Search, web ads, email, video, maps / nav, User data / metrics.

If you had told me in early 2000s that google would absolutely dominate all of these fields And it would be allowed to continue for decades, I wouldn't believe you.

I'm a free market guy, I believe some small gov is nessasary to regulate monopolies, protect constitutional rights etc, but multi-monopolies- I can't believe are allowed to exist under such a large beaurocratic superstate with left or right in power.

selfhoster - 3 days ago

The villain is not Google. The villain is Y Combinator and the US Government.

sakoht - 3 days ago

Currently most websites have a snip of code that posts to Google when a visitor arrives. The cookie there is linked to an identity and later used to push ads, and metrics for the site user. It seems like this is the thing to make broadly available. Anyone with $ can index the web. But nobody can get every websites to update to post to 2+ destinations. Multiple companies should be able to listen to that feed, and then be responsible for tracking and indexing on their own.

- 3 days ago
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yashvg - 3 days ago

TL;DR: YC just filed an amicus brief in the Google-search antitrust case. They tell the judge that (1) Google’s default-search/pay-to-play deals crushed the “kill-zone” around search, keeping VCs away; and (2) the coming wave of AI-search/agentic tools will suffer the same fate unless the court imposes forward-looking remedies—open Google’s index, ban exclusive data+distribution deals, bar self-preferencing, add anti-circumvention teeth, and even spin off Android if Google backslides. YC frames this as the 2025 equivalent of the 1956 Bell Labs decree and the 2001 Microsoft decision: rip open the gate so the next Google can be born.

oxonia - 3 days ago

Not a good document. Needs a faded picture of a dragon on every page.

m101 - 2 days ago

Can someone please describe what the exact monopoly position is that Google have and how they defend it?

I take it it's some sort of ads marketplace where they charge a fee to connect buyers with sellers?

But why are things like chrome and payments to companies for default search engine placement considered monopolistic?

It is increasingly sounding like a witch-hunt given the list of accusations I've heard.

voytec - 4 days ago

> As a result, YC has an interest in ensuring that U.S. technology markets are free from anticompetitive barriers to entry and expansion.

This part reads like a suggestion to loosen anti-competitive/antitrust law.

ankit219 - 3 days ago

It's 100% Google saves my data. And gives me an option to delete that data. It uses that data, and while I have some degree of control over it, i don't have full control over it.

As a user it's preposterous that any kind of data generated by me is anonymized (or not) and effectively sold to a third party. First party usage is kind of understandable. What YC and the govt is asking is that Google should be forced to do exactly that? Sell some data points about me generated by my interactions without my consent. That too it seems for no fee. Without even asking for the permission from the users. What kind of clown world are we living in? I dont care if its anonymized.

Presumably, if that data is so useful, why dont all of these companies lining up to pay the users?Take permission from the users, pay them, and then use whatever they want. Data is only useful in the aggregate, pay ln the aggregate too for whatever revenue and market cap they reach. Doing it without the user consent in 2025 is weird.

iamkonstantin - 3 days ago

It would be cool if Apple/Google/gatekeepers considered similar measures for the App Store / Google Play related search where similar constraints apply.

Bender - 3 days ago

In terms of fairness, competition and monopolies is there a chart that shows how much tax payer funding each search engine has received upon creation, annually and indirectly? e.g. donating NASA hangers for server hosting and experiments, heavily discounted real estate and land, tax breaks for power, etc... Put another way, who has the biggest monopoly on direct and indirect tax-payer funding?

PunchTornado - 3 days ago

These people have financial interests in destroying google. Why would a judge take their opinion into consideration?

braza - 2 days ago

If there’s one place in the internet that people can be sincere, probably it will be here in a YC Combinator forum.

Said that… There’s a lot of interesting perspectives:

From YC: it’s a logical and quite unique business decision. YC can capitalize on a very weak moment of a gigantic moment from government support and general public sentiment.

At the end we’re in an all knives out and YC is taking the opportunistic route because it has economic interest in the Google break down.

From Google: I think we can think that the era of “cool monopoly” is officially over and Microsoft was right all the time. Be boring, be ruthless, be the only one. No amount of public good press for more than 1 decade will save your nice monopoly to fall from grace.

From the USA: will be interesting to see if the administration will celebrate it, since Google whether we like it or not, is one instrument I of soft power and influence of the American interest around the work. How the tradeoff of limit its reach due new foreign players or how pulverised market will help their policies its something to wait and see.

Form a personal perspective: as a consumer, and future candidate for a YC founding company I think have Google broke down to have 50 new SaaS selling their services for 9,99 per month, won’t be a net benefit.

Being completely honest: I prefer that the Google shareholders thar contains big billionaires and pension funds tied with retirements plus public regulatory and scrutiny it’s a way better alternative than 60 new SaaS tied with all private interests of Paul Graham VC family office or David Sachs/Chammath offices.

bloppe - 4 days ago

Google is the reason for the current AI boom. Without the transformer architecture they invented by funding basic research, there would be no modern LLMs. YC is arguing that their incentive for funding that basic research should be taken away in order to spur innovation?

nickfromseattle - 4 days ago

How much blame do we assign Sundar for this outcome? Yes, he was just continuing where Larry / Sergey left off, but it did happen under his watch.

Is there anything he could have done to avoid this outcome? In a way that Google shareholders would have found acceptable?

Or was this outcome inevitable?

legitster - 4 days ago

None of the proposed remedies benefit consumers.

sidibe - 4 days ago

A. The Remedy Should Open Access to Google’s Datasets and Search Index.

B. The Remedy Should Prevent Google from Extending Its Monopolies into Query-Based AI Tools.

Good luck with that YC...

wewewedxfgdf - 3 days ago

It really concerns me that Chrome will no longer be funded by Google.

- 3 days ago
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bionhoward - 4 days ago

Google is David and OpenAI is Goliath, excessively nerfing Google will put us all at the mercy of closed AI.

Gemini (the app, not the API or AI studio) is one of the few places where we can use frontier generative AI without a “customer noncompete” (you know, the one where they compete with us and then say we’re not allowed to compete back) … if you use Claude or OpenAI or Grok, you’re prohibited from training on your chat logs, or even using the thing to develop AI. Not so with Gemini app.

Too bad you have to lose your chat history just to deactivate model training (“Gemini apps activity” conflates opt-out of training with opt-out of storing chat history)

I don’t know much about the ads space but I just hope going after Google doesn’t create a vacuum that gets filled by an even worse monopoly (OpenAI)

jeffbee - 4 days ago

One wonders how these people imagine accessing a search index, from the practical, technical standpoint. If you believe that Google has only unfair business practices, then it makes perfect sense to believe that your organization will simply access their data.

tzury - 3 days ago

What happened to “win by building a better product”?

- 3 days ago
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dangoodmanUT - 3 days ago

A bitly link is an insane choice

byyoung3 - 3 days ago

YC mainly trying to make a buck, I'm weary of these sorts of lawsuits

Workaccount2 - 4 days ago

Meanwhile, YC has happily and excitedly fed it's start-ups to Google over the years.

So pretty much "We don't want google to develop new things, we want them to have buy those from us"

xnx - 4 days ago

Google is a "monopoly" because their competitors with massive cash reserves (Microsoft, Apple, Meta) are too risk averse to compete in the marketplace and are hoping that the courtroom will deliver them a win.

mschuster91 - 3 days ago

The document metadata... ffs: "Microsoft Word - YC for filing FINAL DRAFT Y Combinator Amicus Brief"

People, clean that shit up before publishing. That's an embarrassment. At least it's not "FINAL FINAL2 REWORKED" or something equally grotesque.

tiahura - 3 days ago

How Orwellian. Free market means buyers and sellers set terms of deal, not G.

ldjkfkdsjnv - 4 days ago

This is just a few rich venture capitalists, and the harvard trained founders they back, trying to line their own pockets. AI will democratize search regardless

brap - 4 days ago

It’s amazing how twisted the term “anti-competitive” has become. Where anti-competitive companies push for anti-competitive regulations under the false pretense of preventing anti-competitiveness.

Google is being competitive.

YC is being anti-competitive.

Because they suck at competing against Google and they want to get unfair, unethical advantage themselves.

Imagine spending years and billions building something and then I show up and say “hey man that’s not fair, give me a slice of that thing for free. Oh and also I’m probably going to sell it back to you someday for a lot of money”.

And before someone tells me “that’s the law”, I don’t care. If that’s the law then it should be changed. Laws have been written (and lobbied) for all sorts of reasons and surprisingly not all of them are fair and ethical.

the_duke - 4 days ago

Key quotes:

> "Our experience has been that entrenched monopoly power often deters new entry and chills investment in disruptive innovation."

> "independent venture-capital firms like YC often hesitate to fund startups in the “kill zone” —the area of deadened innovation around a monopolist like Google."

> "We agree with Plaintiffs' proposal that the remedy package should create pathways for startups and innovators to access Google's monopoly-derived datasets and search index."

> "The remedy order should also prevent Google from entering into exclusive agreements to access AI training data..."

> "An effective remedy package should help to leverage the current moment by ensuring that next-generation search and query-based AI tools can reach users free from exclusion, interference, or cooption."

> "the remedy package should prevent Google from anticompetitive self-preferencing, and this prohibition should apply specifically to Google's use of its monopoly search product to boost its query-based AI tools or discriminate against rivals' tools."

I think they have a good point with AI. After lagging behind initially, Google really went at it hard. Gemini is great now, and they are building a good set of tooling.

It's easy for Google to suffocate the startups in that area. They already have a massive advantage with all the data they are sitting on.

hu3 - 4 days ago

These are the key points as I understand them:

Amicus curiae (friend of the court) brief is being submitted by Y Combinator to pile on the US vs Google anti-trust case.

YC asks court to basically cripple Google in their Search, Advertising and AI endeavours:

- Open access to Google's datasets and search index.

- Restrict Google's expansion into AI through monopolistic practices.

- Limit Google exclusive agreements and pay-to-play distribution deals.

- Enforce anti-circumvention and anti-retaliation mechanisms.

IMO, from a VC standpoint, it's in YC's interest to give their privately funded startups the best chance possible to thrive. If that includes destroying solid giants of the industry, so be it.

amazingamazing - 4 days ago

Why not make all companies open up their data sets, and stop pay to play?

darth_avocado - 4 days ago

So they want Google’s datasets and search index to be available for other companies and want to prevent Google from being a dominant player in AI based search.

I wonder why a VC firm who is quite heavily invested in AI based startups file an amicus brief like that…

Edit: before this gets downvoted into oblivion, the comment is not against antitrust enforcement. It’s about VC firms having very specific ideas about what the antitrust enforcement would look like.

throwaway984393 - 3 days ago

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linotype - 3 days ago

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pingou - 3 days ago

As a google's shareholder that terrifies me.

As an european, I am happy to see that the US administration may be ready to kill the one of the most powerful and unassailable company in the world and allow any other country to build a replacement.