Proposed contractual remedies in United States v. Google threatens the important role of independent browsers

Giving people the ability to shape the internet and their experiences on it is central to Mozilla’s manifesto. This includes empowering people to choose how they search.

That Nov. 20, the United States Department of Justice (DOJ) filed proposed remedies in the antitrust case against Google. The ruling outlines the behavioral and structural remedies proposed by the government to restore competition in the search engine.

Mozilla is a long-time champion of competition and an advocate for reforms that create a level playing field in digital markets. We recognize the DOJ’s efforts to improve search competition for US consumers. It is important to understand, however, that the results of this case have ramifications that go beyond any one company or market.

As written, the proposed remedies will force small and independent browsers like Firefox to fundamentally re-examine their entire operating model. By jeopardizing the revenue streams of critical browser competitors, these remedies risk inadvertently strengthening the positions of some powerful players, and doing so without providing meaningful returns. -increased search competition. And it’s not just about impacting the future of a browser company – it’s about the future of the open and interoperable web.

Firefox and search

Since the launch of Firefox 1.0 in 2004, we have shipped a default search engine, thinking hard about finding and how to provide meaningful choice for people. This always means denying any exclusivity; instead we preinstall many search options and we make it easy for people to change their search engine — even setting a general default or customizing it for individual search.

We are always working to provide easily accessible search alternatives along with territory-specific options – an approach we continue today. For example, in 2005, our US search options included Yahoo, eBay, Creative Commons and Amazon, along with Google.

Now, Firefox users in the US can choose between Google, Bing, DuckDuckGo, Amazon, eBay and Wikipedia directly in the address bar. They can easily add to other search engines and they can also benefit from Mozilla’s innovations, such as Recommended by Firefox.

For the past seven years, Google search has been the default in Firefox in the US because it provides the best search experience for our users. We can say this because we have tried other search defaults and supported competitors in search: in 2014, we moved from Google to Yahoo in the US as they sought to revitalize their search product. There are real risks in business, but we feel the risk is worth it to continue our mission of promoting a better internet ecosystem. However, that decision proved unsuccessful.

Firefox users – who show a strong preference for making Google their default search engine – did not find Yahoo’s product as they expected. When we renewed our search partnership in 2017, we did it with Google. We re-assure that the agreement is non-exclusive and allows us to promote different search options to people.

The connection between browsers and search that existed in 2004 is just as important today. Independent browsers like Firefox remain a place where search engines can compete and users can freely choose between them. And the search revenue generated by Firefox is used to advance our manifesto, through the work of the Mozilla Foundation and through our products — including Gecko, Mozilla’s browser engine.

Browsers, browser engines and the open web

Since launch Firefox in 2004Mozilla pioneers groundbreaking technologies, promotes open-source principles and sets critical standards in online security and privacy. We have also created or contributed to many developments for the wider ecosystem, some (eg bet and Let’s Encrypt) continues to develop outside of Mozilla. Much of this is made possible by the development and maintenance of the Gecko browser engine.

Browser engines (not to be confused with search engines) are little known but they are the technology that powers your web browser. They determine much of the speed and functionality of browsers, including many privacy and security properties.

In 2013, there are five major browser engines. In 2024, due to the huge cost and expertise required to run a browser engine, there will be only three left: Apple’s WebKit, Google’s Blink and Mozilla’s Gecko – which powers Firefox.

Apple’s WebKit primarily runs on Apple devices, leaving Google and Mozilla as the main cross-platform browser engine developers. Even Microsoft, a company with a three trillion dollar market cap, abandoned its Trident browser engine in 2019. Today, its Edge browser is built on top of Google’s Blink engine.

US drugs v Google search case

So how are browser engines tied to search litigation? A key concern centers on the proposed contractual remedies that the DOJ expects to harm the ability of independent browsers to fund their operations. Such remedies risk unintentionally harming browser and browser engine competition without significantly improving search engine competition.

Firefox and other independent browsers represent a small portion of US search queries, but they play a large role in providing consumers with meaningful choices and protecting user privacy. These browsers are not just alternatives – they are critical champions of consumer interest and technological innovation.

Instead of a world where market share is transferred from one trillion dollar tech company to another, we want to see actions that actually improve competition – and not sacrifice people’s privacy to achieve- this is it. Real change requires addressing barriers to competition and facilitating a market that promotes competition, innovation and consumer choice — in search engines, browsers, browser engines and more.

We urge the court to consider remedies that achieve its goals without harming independent browsers, browser engines and ultimately without harming the web.

We will share updates as this matter progresses.