Abstract
In October 2020, the U.S. Department of Justice and 11 state attorneys general filed an astounding civil antitrust lawsuit against Google. The cause of action was that Google has created and maintained through anticompetitive strategies monopolies on general internet search and search advertising, in violation of Section 2 of the Sherman Antitrust Act. The lawsuit has sparked wide interest since it is the first time that one of the major technology platforms has been the focus of antitrust action. This article explores the implications of the antitrust lawsuit for health information. Google’s internet search engine is used for a remarkable 1 billion health-related searches per day, constituting 7% of its total search traffic. Search results for health information are typically accompanied by advertisements that appear at the top of the page. This article presents arguments that Google maintains monopolies on online search for health information and advertising for health products. A single, dominant provider of online health information harms consumer welfare since it discourages innovation in internet search and may result in a biased spectrum of health information. The article discusses another recent lawsuit, Dinerstein v. Google, a health information privacy lawsuit, which provides a broad perspective on the vast quantity of personal health information to which Google has gained access. The article concludes with a presentation of possible antitrust remedies.
Highlights
Implications for Health InformationHow might Google’s monopolies affect health information? Google receives a staggering 1 billion health-related searches per day, or 70 000 per minute, accounting for 7% of its total searches
On October 20, 2020, the US Department of Justice joined by 11 state attorneys general filed a stunning civil antitrust lawsuit in the United States District Court for the District of Columbia against Google (United States v Google)
Google’s monopolies over internet searches and the associated advertising, which have been underscored by the filing of United States v Google, have significant implications for the health information derived from searching the internet
Summary
How might Google’s monopolies affect health information? Google receives a staggering 1 billion health-related searches per day, or 70 000 per minute, accounting for 7% of its total searches. Google controls a vast amount of health information sought by the public and distributed through online searches. Google controls health information in multiple ways. It determines the order in which the search results are displayed, along with which search results appear on the first page and have highest visibility. Google’s monopolies over internet searches and the associated advertising, which have been underscored by the filing of United States v Google, have significant implications for the health information derived from searching the internet. A recent study concluded, “The vast amount of information that is possible to be retrieved makes it difficult to separate fact from fiction and interpret the findings, even for highly motivated individuals.”[2] Even setting aside that health information derived from internet searches may not be highly reliable, the fact that a single entity controls the distribution of this information and influences its content adds another element of concern
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