The future of the web depends on getting this right

The remedies phase of the U.S. v. Google LLC search case wrapped up last week. As the Court weighs how to restore competition in the search market, Mozilla is asking it to seriously consider the unintended consequences of some of the proposed remedies, which, if adopted, could harm browser competition, weaken user choice and undermine the open web.

Mozilla has long supported competition interventions in tech markets. Recent highlights include campaigns to pass the American Innovation and Choice Online Act, reports detailing the operating system power wielded by Apple, Google and Microsoft (among others), and detailed research into remedy design on Android and Windows to support the enforcement of EU Digital Markets Act.

In relation to the Google Search case, our message is simple: search competition must improve, but this can be done without harming browser competition.

As the maker of Firefox and Gecko, the only major browser engine left competing with Big Tech, we know what it means to fight for privacy, innovation and real choice online. That is why we have filed an amicus brief, urging the Court not to prohibit Google from making search revenue payments to independent browsers (i.e., browser developers that do not provide desktop or mobile devices or operating systems). Such a ban would destroy valuable competition in browsers and browser engines by crippling their ability to innovate and serve users in these fundamentally important areas. As explained in our amicus brief:

• Mozilla has spent over two decades fighting for an open and healthy internet ecosystem. Through developing open source products, advancing better web standards, and advocating for competition and user choice, Mozilla has tangibly improved privacy, security, and choice online. Much of this work is funded by Firefox's search revenue and implemented in Gecko-the last remaining cross-platform browser engine challenger to Google's Chromium.
• Firefox offers unparalleled search choice. Mozilla has tried alternatives (like Yahoo! In 2014-2017) and knows that Google Search is the preferred option of Firefox users. While Google provides the default search engine, Firefox offers multiple, dynamic ways for people to change their search engine.
• Banning search payments to independent browsers would threaten the survival of Firefox and Gecko. The Court previously recognized that Mozilla depends on revenue share payments from Google. This was underlined by testimony the Court heard from Eric Muhlheim, Mozilla's CFO. Eric explained how complex and expensive it is to maintain Firefox and Gecko and why switching to another search provider would result in a precipitous" decline in revenue. Undermining Mozilla's ability to fund this work risks handing control of the web to Apple and Google and further entrenching the power of the largest tech companies.
• Banning search payments to independent browsers would not improve search competition. Independent browsers play an important role in the ecosystem, far beyond their market share. The Court previously found that they account for 2.3% of US search traffic covered by Google's contracts. As a result, the DOJ's expert calculated that banning payments to independent browsers would shift only 0.6% of Google's current market share to another search engine. This is not a prize worth destroying browser competition for.

At Mozilla, we believe that a more tailored approach to the remedies is absolutely critical. The Court should permit independent browsers like Firefox to continue to receive revenue share payments from Google to avoid further harm to competition. This would be a consistent approach with other jurisdictions that have sought to improve search competition and would not undermine the effectiveness of any remedies the court orders.

To learn more about Mozilla's position and why we're urging the Court to carefully consider the unintended consequences of these proposed remedies, read our full amicus brief.

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