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The Proposed Final Judgment – DOJ Wants Google to Effectively Publish the Algo

While the main stream tech press has put the focus on Google divesting of Chrome, there was much more in the The Proposed Final Judgment (PFJ) court filing exec summary. In fact, one that should make every SEO on the planet stand up:

… requires Google, among other things, to make its search index available at marginal cost, and on an ongoing basis, to rivals and potential rivals; and also requires Google to provide rivals and potential rivals both user-side and ads data for a period of ten years, at no cost, on a non-discriminatory basis, and with proper privacy safeguards in place. Section VI further requires that Google provide publishers, websites, and content creators with data crawling rights…” (Page 10, paragraph D)

That alone would be the most significant change in the history of Google. And this one is the most impactful for SEO’s:

“…requires Google to syndicate…its search results, ranking signals, and query understanding information for ten years.

A bit of a slog in spots, but it is only 10 pages and worth your time to read it. If the DOJ gets this passed, it will be the most significant change we’ve seen in decades.

Other stuff in the filing:

A. Stopping and Preventing Exclusionary Agreements with Third Parties :

  • Google is prohibited from entering contracts that hinder the ability of other search engines to compete effectively. This would end the Apple-Google default search agreement on iPhone. It also includes that Google must seek government approval before making acquisitions in the markets for general search services or search text ads.

B. Prohibited Ownership And Control That Enables Self-Preferencing

  • This is the Chrome divestiture section. Yes it is important, but I think it is the least effective of the proposed remedies.

C. Conduct Remedies That Prevent Self-Preferencing

  • Google can’t feature itself “by providing its search products preferential access to related products or services that it owns or controls”.

D. Restoring Competition Through Syndication And Data Access

  • This one speaks directly to “Google has accumulated a staggering amount of data over many years, at the expense of its rivals”. It is also the section where the DOJ proposes that “Google …. make its search index available at marginal cost, and on an ongoing basis”

E. Restoring Competition By Improving Transparency And Reduction Of Switching Costs

  • This is about Ads. ” Google to increase advertiser control by improving keyword matching options to advertisers. Op. at 263–64 (finding Google degraded SQR content and reduced control over keyword matching)”

F. Limitations On Distribution And User Notifications To Restore Competition

  • A reiteration of divesting of Chrome, and its default search agreements on Safari and Firefox

All-in-all, it appears that the states that brought the action and the DOJ have done their homework. All the noise about Chrome and the default search agreements with Apple was important, but those were side shows.

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