Connect with us

Published

on

CEO of Alphabet and Google Sundar Pichai in Warsaw, Poland on March 29, 2022.

Mateusz Wlodarczyk | Nurphoto | Getty Images

The Department of Justice’s latest challenge to Google’s tech empire is an ambitious swing at the company with the potential to rearrange the digital advertising market. But alongside the possibility of great reward comes significant risk in seeking to push the boundaries of antitrust law.

“DOJ is going big or going home here,” said Daniel Francis, who teaches antitrust at NYU School of Law and previously worked as deputy director of the Federal Trade Commission’s Bureau of Competition, where he worked on the agency’s monopoly case against Facebook.

related investing news

Microsoft's AI push has some analysts raving about the stock even after lackluster earnings

CNBC Pro

The DOJ’s antitrust chief Jonathan Kanter has indicated he’s comfortable with taking risks, often saying in public remarks that it’s important to bring cases that seek to challenge current conventions in antitrust law. He said he prefers more permanent remedies like breakups compared to promises to change behavior. That sentiment comes through in the DOJ’s request in its latest lawsuit for the court to force Google to spin off parts of its ad business.

Antitrust experts say the Justice Department paints a compelling story about the ways Google allegedly used acquisitions and exclusionary strategies to fend off rivals and maintain monopoly power in the digital advertising space. It’s one that, if the government gets its way, would break apart a business that’s generated more than $50 billion in revenue for Google in the last quarter, potentially opening up an entire market in which Google is currently one of the most important players.

But, they warn, the government will face significant challenges in proving its case in a court system that progressive antitrust enforcers and many lawmakers believe has taken on a myopic view of the scope of antitrust law, especially when it comes to digital markets.

“If they prove the violations they allege, they’re going to get a remedy that’s going to shake up the market,” said Doug Melamed, a scholar-in-residence at Stanford Law School who served at the Antitrust Division, including as acting assistant attorney general, from 1996-2001 during the landmark case against Microsoft. “But it’s not obvious they’re going to win this case.”

Challenges and strengths

Experts interviewed for this article said the DOJ will face the challenge of charting relatively underexplored areas of antitrust law in proving to the court that Google’s conduct violated the law and harmed competition without benefitting consumers. Though that’s a tall order, it could come with a huge upside if the agency succeeds, possibly expanding the scope of antitrust law for digital monopoly cases to come.

“All antitrust cases are an uphill battle for plaintiffs, thanks to 40 years of case law,” said Rebecca Haw Allensworth, an antitrust professor at Vanderbilt Law School. “This one’s no exception.”

But, Allensworth added, the government’s challenges may be different than those in many other antitrust cases.

“Usually the difficulty, especially in cases involving platforms, is market definition,” she said. In this case, the government argued the relevant market is publisher ad servers, ad exchanges, and advertiser ad networks — the three sides of the advertising stack Google has its hand in, which the DOJ said it’s leveraged to box out rivals. “And here, I think that that is relatively straightforward for the DOJ.”

“One way to look at the latest complaint is that it is the newest and most complete draft of a critique that antitrust agencies in the U.S. and abroad have been building against Google for over a decade,” William Kovacic, who served on the Federal Trade Commission from 2006 to 2011 and is now a professor at George Washington Law, said in an email.

Google, for its part, has said the latest DOJ lawsuit “tries to rewrite history at the expense of publishers, advertisers and internet users.” It claims the government is trying to “pick winners and losers” and that its products have expanded options for publishers and advertisers.

Compared to the DOJ’s earlier lawsuit, which argued Google maintained its monopoly over search services through exclusionary contracts with phone manufacturers, this one advances more nontraditional theories of harm, according to Francis, the NYU Law professor and former FTC official. That also makes it more likely that Google will move to dismiss the case to at least narrow the claims it may have to fight later on — a move it did not take in the earlier suit, he added.

“This case breaks much more new ground and it articulates theories, or it seems to articulate theories, that are right out on the border of what existing antitrust prohibits,” Francis said. “And we’re going to find out, when all is said and done, where the boundaries of digital monopolization really lie.”

High risk, high reward?

CEO of Alphabet and Google Sundar Pichai in Warsaw, Poland on March 29, 2022.

Mateusz Wlodarczyk | Nurphoto | Getty Images

DOJ took a gamble with this case. But if it wins, the rewards could match the risk.

“In terms of the potential impact of the remedy, this could be a bigger case than Microsoft,” said Melamed.

Still, Francis cautioned, a court could order a less disruptive remedy, like paying damages if it finds the government was harmed as an advertising purchaser, or simply requiring Google to stop the allegedly illegal conduct, even if it rules in the DOJ’s favor.

Like all antitrust cases, this one is unlikely to be concluded anytime soon. Still, a key decision by the Justice Department could make it speedier than otherwise expected. The agency filed the case in the Eastern District of Virginia, which has gained a reputation as the “rocket docket” for its relatively efficient pace in moving cases along.

“What that signals to me is that, given the timeframe for antitrust litigation is notoriously slow, DOJ is doing everything that they can in their choice of venue to ensure that this litigation moves forward before technological and commercial changes make it obsolete,” Francis said.

He added that the judge who has been assigned the trial, Clinton appointee Leonie Brinkema, is regarded as smart and fair and has handled antitrust cases before, including one Francis litigated years ago.

“I could imagine that both sides will feel pretty good about having drawn Judge Brinkema as a fair, efficient and sophisticated judge who will move the case along in an expeditious way,” Francis said.

Still, there are hardly any judges who have experience with a case like this one, simply because there haven’t been that many digital monopolization cases decided in court.

 “So any judge who would be hearing this case is going to be confronting frontier issues of antitrust theory and principle,” Francis said.

Immediate impact

Outside of the courts, the case could have a more immediate impact in other ways.

“From the point of view of strategy, the case adds a major complication to Google’s defense by increasing the multiplicity and seriousness of public agency antitrust enforcement challenges,” said Kovacic, the former FTC commissioner. “The swarming of enforcement at home and abroad is forcing the company to defend itself in multiple fora in the US and in jurisdictions such as the EU and India.”

Regardless of outcomes, Kovacic said the sheer volume of lawsuits and regulation can create a distraction for top management and will likely lead Google to more carefully consider its actions.

“That can be a serious drag on company performance,” Kovacic wrote.

The suit could also lend credence to lawmakers’ efforts to legislate around digital ad markets. One proposal, the Competition and Transparency in Digital Advertising Act, would prohibit large companies like Google from owning more than one part of the digital advertising system, so it couldn’t own tools on both the buy and sell side as it currently does.

Importantly, the bill is sponsored by Sen. Mike Lee, R-Utah, the ranking member of the Senate Judiciary subcommittee on antitrust. Lee has remained skeptical of some other digital market antitrust reforms, but his leadership on this bill suggests there may be a broader group of Republicans willing to support this kind of measure.

“An antitrust lawsuit is good, but will take a long time and apply to only one company,” Lee tweeted following the DOJ’s announcement, saying he would soon reintroduce the measure. “We need to make sure competition works for everyone, and soon.”

Rep. Ken Buck, R-Colo., who has backed the House version of the bill, called the digital ad legislation “The most important bill we can move forward” in a recent interview with The Washington Post.

“This is clearly the blockbuster case so far from the DOJ antitrust division,” Francis said. “And I think it represents a flagship effort to establish new law on the borders of monopolization doctrine. And at the end of it — win, lose or draw — it’s really going to contribute to our understanding of what the Sherman Act actually prohibits in tech markets.”

Subscribe to CNBC on YouTube.

WATCH: Here’s why some experts are calling for a breakup of Big Tech after the House antitrust report

Here's why some experts are calling for a breakup of Big Tech after the House antitrust report

Continue Reading

Technology

Nvidia’s Huang says TSMC among all-time greats: Buying its stock is ‘very smart’

Published

on

By

Nvidia’s Huang says TSMC among all-time greats: Buying its stock is ‘very smart’

Jensen Huang, co-founder and CEO of Nvidia Corp., speaks during a news conference in Taipei on May 21, 2025.

I-hwa Cheng | Afp | Getty Images

Nvidia CEO Jensen Huang on Friday showered praise on Taiwan Semiconductor Manufacturing Co. on a visit to Taiwan, saying that anybody looking to take a stake in the company would be “very smart.”

This comes at a time when the U.S. administration has signaled interest in acquiring stakes in tech companies, especially those in receipt of funding under the U.S. CHIPS Act.

Huang, who said the main purpose of his trip to Taiwan was to thank TSMC for their work on Nvidia’s Rubin, its next-generation AI chip platform, made the remarks in response to a query on Washington looking to take a stake in TSMC. 

“Well, first of all, I think TSMC is one of the greatest companies in the history of humanity, and anybody who wants to buy TSMC stock is a very smart person,” he said. 

Huang said TSMC was making six new products for Nvidia, including a new central processing unit, a hardware component used for computation, and a new general processing unit, used for advanced computation, especially AI.

Earlier this week, Reuters had reported that U.S. Commerce Secretary Howard Lutnick was looking at equity stakes in exchange for CHIPS Act funding for companies such as Micron, TSMC and Samsung

The 2022 CHIPS Act, passed with bipartisan support under the Joe Biden administration, has seen grants and loans awarded to chipmakers expanding production in the U.S. as part of efforts by Washington to revitalize U.S. leadership in semiconductor manufacturing. TSMC had been promised $6.6 billion under the act to help build its three cutting-edge chip fabrication plants in Arizona.

TSMC is executing flawlessly and becoming the only foundry needed for new AI and smartphone chips

Lutnick confirmed in an interview with CNBC on Tuesday that the government was in talks to take a 10% equity stake in troubled semiconductor company Intel, and said the administration might consider stakes in other firms as well.

A report from the Wall Street Journal on Thursday, however, said the government had no plans to seek shares in semiconductor firms that were increasing their U.S. investments, citing a government official. TSMC, in March, announced an expansion of its Investment in the United States to $165 billion.

Separately, Huang said that Nvidia was eager to begin work on “NVIDIA Constellation” — a recently announced new Taiwan office for the company to house its growing Taiwan workforce.

Huang said the company was still working with the local government to resolve some issues to start its construction. 

“We have many, many employees here in Taiwan, and we’re growing here in Taiwan because our supply chain is so busy here.” 

“We’re working with chip companies, system vendors and system makers all over Taiwan, and everybody is working so hard for us and so we need a lot of engineers to work alongside them,” he added.

Shares in TSMC, the world’s largest contract chip manufacturer, have gained 6.5% so far this year.

Separately, news reports on Friday said Nvidia had asked some of its component suppliers to stop production related to its made-for-China H20 general processing units, after China raised security concerns over the chips. 

Last month, Nvidia said it expected to receive an export license for its H20 chips, which had been effectively banned in April. However, Beijing has reportedly placed a freeze on local company’s ability to buy them.

According to Reuters, one of the companies told to pause their work in relation to the H20 chips was Taiwan’s Foxconn — also known as Hon Hai Precision Industry. Foxconn did not respond to an inquiry from CNBC on the matter.

Huang on Friday said that the company had responded to Beijing’s concerns regarding its H20s and was hoping that the issue would be resolved.

Continue Reading

Technology

Elon Musk asked Meta CEO Mark Zuckerberg to join xAI bid to buy OpenAI, filing shows

Published

on

By

Elon Musk asked Meta CEO Mark Zuckerberg to join xAI bid to buy OpenAI, filing shows

Meta CEO, Mark Zuckerberg and Tesla and SpaceX CEO, Elon Musk

Manuel Orbegozo | Chip Somodevilla | Reuters

Elon Musk, the world’s richest person, asked Meta CEO Mark Zuckerberg to help him finance a $97.4 billion takeover of OpenAI in early 2025, court filings on Thursday revealed.

The filing is part of a legal case between Musk and OpenAI that was initiated last year. The case is proceeding in a federal court in Northern California, and a judge recently said OpenAI can move ahead with counter claims against Musk, who co-founded OpenAI as a non-profit with Sam Altman and others in 2015.

When Musk floated his proposal to buy OpenAI in February, he was incensed that the company and Altman, OpenAI’s CEO, were pushing to transform the business into a for-profit entity. Altman and Musk, who were longtime friends, have become bitter adversaries since OpenAI’s emergence as a leader in generative AI with billions of dollars in funding from Microsoft.

Musk started xAI in 2023 and was pushing for it to be a direct competitor to OpenAI. Musk later sued OpenAI, alleging a breach of contract, and tried to stop OpenAI from converting to a for-profit company.

In its counter claims, OpenAI has alleged that Musk and xAI’s “sham bid” harmed its business and that Musk has engaged in “harassment” through litigation and attacks on social media and in the press.

As part of its complaint, OpenAI has filed to subpoena Meta for communications between the company, its CEO and Musk about the bid.

In a statement to the court published Thursday, OpenAI said that when Musk and xAI were trying to form a consortium of investors to finance a takeover, they approached Zuckerberg with a letter of intent and asked “about potential financing arrangements or investments.”

Neither Zuckerberg nor Meta signed the LOI, the filing said.

A Meta spokesperson declined to comment. Marc Toberoff, Musk’s attorney in the case, didn’t respond to a request for comment.

The statement in the filing said that Meta has been “spending heavily to develop its own Al capabilities” and has been “offering pay packages of $100 million or more to leading Al researchers and attempting to poach OpenAI employees.” 

Meta has argued that OpenAI’s requests for documents are overly burdensome, and that OpenAI should obtain relevant communications from Musk and xAI, instead.

WATCH: How Sam Altman is tackling a growing threat to the future of OpenAI: Elon Musk

How Sam Altman is tackling a growing threat to the future of OpenAI: Elon Musk

Continue Reading

Technology

Nvidia looking to halt H20 chip production after China cracks down on purchases, reports say

Published

on

By

Nvidia looking to halt H20 chip production after China cracks down on purchases, reports say

An Nvidia chip is seen through a magnifying glass in Beijing, China, on August 1, 2025.

Vcg | Visual China Group | Getty Images

Nvidia has asked some of its component suppliers to stop production related to its made-for-China H20 general processing units, as Beijing cracks down on the American chip darling, The Information reported Friday. 

The directive comes weeks after the Chinese government told local tech companies to stop buying the chips due to alleged security concerns, the report said, citing people with knowledge of the matter.

Nvidia reportedly has asked Arizona-based Amkor Technology, which handles the advanced packaging of the company’s H20 chips, and South Korea’s Samsung Electronics, which supplies memory for them, to halt production. Samsung and Amkor did not immediately respond to CNBC’s request for comment. 

A separate report from Reuters, citing sources, said that Nvidia had asked Foxconn to suspend work related to the H20s. Foxconn did not immediately respond to a request for comment.

In response to an inquiry from CNBC, an Nvidia spokesperson said “We constantly manage our supply chain to address market conditions.”

The news further throws the return of the H20s to the China market in doubt, after Washington said it would issue export licenses, allowing the chip’s exports to China — whose shipment had effectively been banned in April.  

Last month, the Cyberspace Administration of China had summoned Nvidia regarding national security concerns with the H20s and had asked the company to provide information on the chips. 

Beijing has raised concerns that the chips could be have certain tracking technology or “backdoors,” allowing them to be operated remotely. U.S. lawmakers have proposed legislation that would require AI chips under export regulations to be equipped with location-tracking systems to avoid their illegal shipments.

Speaking to reporters in Taiwan on Friday, Nvidia CEO Jensen Huang acknowledged that China had asked questions about security “backdoors,” and that the company had made it clear they do not exist.

“Hopefully the response that we’ve given to the Chinese government will be sufficient. We’re in discussions with them,” he said, adding that Nvidia had been “surprised” by the queries.

“As you know, [Beijing] requested and urged us to secure licenses for the H20s, for some time and I’ve worked quite hard to help them secure the licenses, and so hopefully this will be resolved,” he said.

Nvidia in a statement on Friday said “The market can use the H20 with confidence.”

It added: “As both governments recognize, the H20 is not a military product or for government infrastructure. China won’t rely on American chips for government operations, just like the U.S. government would not rely on chips from China. However, allowing U.S. chips for beneficial commercial business use is good for everyone.”

Last month, Nvidia had reportedly sent notices to major tech companies and AI developers urging them against the use of the H20s, in what first had appeared as a soft mandate. The Information later reported that Beijing had told some firms, including ByteDance, Alibaba and Tencent,  to halt orders of the chips altogether, until the completion of a national security review. 

It had been seen as a major win for Nvidia when Huang announced last month that the U.S. government would allow sales of the company’s H20 chips to China.

However, the national security scrutiny the H20s are now facing from the Chinese side, highlights the difficulties of navigating Nvidia’s business through increasing tensions and shifting trade policy between Washington and Beijing. 

Chip industry analysts have also said Beijing’s actions appear to reinforce its commitment to its own chip self-sufficiency campaigns and its intention to resist the Trump administration’s plan to keep American AI hardware dominant in China.

Continue Reading

Trending