Any day now, a federal judge is expected to issue a landmark ruling that could upend some of the most lucrative deals in Silicon Valley: Google’s default search contracts.
At stake is more than $26 billion a year, $20 billion of which goes to Apple. That’s nearly a quarter of Alphabet’s operating income.
For decades, the Apple-Google pact has helped determine who controls the internet, which is exactly why it’s now in the crosshairs.
U.S. District Judge Amit Mehta ruled last year that Google held a monopoly in search and ads. He’s been weighing remedies since the final phase of the trial wrapped in May, with a separate case on Google’s ad business set to begin next month under a different judge.
While Google risks losing some search traffic and predictability, analysts say Apple could take a bigger financial hit. The impact will hinge on whether Apple lines up new deals and how broadly the ruling applies.
Jefferies analysts say the judge may block exclusive contracts but still allow some payments. Even so, Apple’s pre-tax profits could drop by as much as 7%.
Some economists and Wall Street analysts believe Google might come out ahead in the long run — freed from costly deals that no longer drive demand.
Searching for competition
Barclays analysts said in an August 5 note that if Google were to unwind the payments and contracts, it would still be “nearly impossible” for smaller peers to compete.
Megacap rival Microsoft has poured $100 billion into Bing and hasn’t been able to catch Google’s Chrome.
Apple Senior Vice President of Services Eddy Cue testified during the antitrust trial that no price Microsoft could offer would be enough to justify switching to Bing, because Google delivered stronger results and a better monetization engine.
“I don’t believe there’s a price in the world that Microsoft could offer us. They offered to give us Bing for free. They could give us the whole company,” Cue said.
Apple executives contend that it’s easy for users to switch search engines. Currently, Apple allows Americans to switch to Yahoo, Bing, DuckDuckGo, or Ecosia as their default search engine, but few do.
“I think their search engine is the best,” Apple CEO Tim Cook said about Google in 2018.
Economist Lones Smith, who modeled how people decide which search engine to use, described the phenomenon as a natural monopoly, where scale breeds quality, and quality reinforces scale.
“I don’t understand this deal it has with Apple, because if they didn’t pay Apple $20 billion, do they think that people would really be using another search engine? I don’t see that,” Smith told CNBC.
Smith likened Google to a utility: Breaking it up makes little economic sense.
“How do we get our water, electrical, and all that? We have a regulated monopoly. We don’t go and break it up,” he said. “We understand that there’s an efficient outcome for society, and we just don’t want the water company to be exploiting us.”
From a pure economics perspective, some on Wall Street would argue that the payments look like unnecessary insurance and that Google’s dominance is sticky enough without them.
Data suggests users opt for Google even when there is a choice.
In Europe, where regulators forced users to pick their own default after a European Commission ruling against Google, the company’s market share barely budged, with StatCounter data showing it still hovers around 90%.
Dan Niles, founder of Niles Investment Management, told CNBC that while Europe proves Google can thrive without these payments, the U.S. market moves faster, and what’s next matters more than what’s lost.
“Google to me, quite honestly, once this is done … next year, if they continue down this path, it could be one of the best-performing stocks out there,” Niles said.
Even Google’s proposed remedy points in that direction, allowing shorter default contracts and multiple providers instead of blanket exclusivity, while warning that the bigger risk comes from the DOJ’s push for search data-sharing.
The decision
Former FTC Chair William Kovacic told CNBC that the Justice Department is essentially betting that limiting Google’s exclusivity deals will open the door for new competitors to emerge.
“In part, it’s an act of faith,” he said, though past cases have shown that once barriers are removed, innovation often follows in unexpected ways.
Rebecca Allensworth, a scholar of antitrust and Big Tech, said the payments aren’t necessarily what keep people using Google and likened it to “innovation insurance,” freezing the ecosystem so that rivals don’t have a chance to compete.
“Google fought really, really hard to be able to make those payments,” said Allensworth, a law professor at Vanderbilt. “It makes the industry innovation-proof, in a way. Or at least, if there’s going to be innovation, it’s going to be by and for the benefit of Google.”
Kovacic warned that a Chrome divestiture — one of the more extreme remedies floated — might be more symbolic than effective, calling it “a flashy, shiny object” that wouldn’t do much to solve the issue.
“The big breakup has always been antitrust fascination,” he said. “But you can wonder whether that distracts you from solutions that have more to do with solving the competitive problem that you’ve identified today.”
The DOJ, concerned that Google could repeat its playbook with its artificial intelligence platform Gemini, is also pushing for restrictions on exclusive AI distribution deals — and even proposing data-sharing mandates.
These would force Google to give rivals access to anonymized data about what users search for and which results they click.
But Allensworth emphasized that it’s not a zero-sum game.
“You can have a very strong antitrust remedy … and then two, five, ten years later, that company is actually doing extremely well,” she said. “These are not existential threats to the company.”
AI opportunity
Since 2003 — before the iPhone or Chrome existed — Google’s default search deals with Apple have helped shape the internet. In 2017, Alphabet CEO Sundar Pichai and Cook were spotted sipping red wine at Tamarine, an upscale Vietnamese restaurant in Palo Alto, while their teams finalized one of the most lucrative arrangements in tech: keeping Google the default on Apple devices.
Eight years later, the same two CEOs are still at the helm — but the dynamics have changed. A new era of search is emerging, driven not by contracts, but by generative AI.
Wall Street analysts have considered the upside if Google stopped writing Apple a $20 billion check and redirected that money into AI and cloud, lifting profits while keeping its dominance intact.
“Let’s then assume that Google is limited from paying for search distribution deals, and others can leverage Google’s search tech stack, then what other properties can Google prioritize that may fall outside the scope of these cases?” mused Bernstein analysts in April. “Gemini.”
Niles said that with Gemini the company has a chance to shift from being seen as lagging in AI to potentially offering the strongest product on the market, a change already showing up in benchmark tests.
Pichai said during the trial that he spoke to Cook about adding Gemini to Apple devices but that integration hasn’t yet materialized.
In June 2024, Apple announced the integration of OpenAI’s ChatGPT at WWDC. Apple’s Cue testified that other AI services like Perplexity and Anthropic could also be added to Safari as options.
But neither can touch Google’s scale.
Perplexity reportedly handles 15 million queries per day, compared to Google’s 10 billion.
And Pichai said Google isn’t standing still, testifying in April that AI will “deeply transform” search. Whether that transformation cements Google’s dominance or finally opens the door to rivals is the real test now.
Autonomous taxi company Waymo faced scrutiny last month when a car was caught on video illegally passing a stopped school bus that was letting children off in Atlanta. Now, the National Highway Traffic Safety Administration (NHTSA) is looking into it.
Georgia State Representative Clint Crowe seemed stunned after being presented with video of a Waymo driverless car illegally passing a stopped school bus on Briarcliff Road in Atlanta last month. “I’m a big fan of new technologies and emerging technologies and I think that driverless cars are going to become more prevalent,” he told local NBC news affiliate WBIR. “But we got [sic] to think about how they’re going to comply with the law.”
WBIR | Waymo illegally passes school bus
Crowe co-sponsored Addy’s Law in 2024. The legislation was named after 8-year-old Addy Pierce, who was killed in Henry County after being struck while crossing the street to get to her bus. The law stiffened penalties for illegally passing a stopped school bus, carrying penalties of up to $1,000 in fines and even jail time.
According to Crowe, those rules still apply to autonomous vehicles. “The majority of our traffic laws, the penalty is usually a fine and or driver’s license suspension. These cars don’t have a driver, so they don’t have a driver’s license and so we’re really going to have to rethink who’s the responsible party, who’s going to be responsible for being in control of that vehicle and who’s going to be the operator of that vehicle,” he said.
Crowe believes manufacturers should face stronger consequences when their vehicles break the law, saying the $1,000 fine doesn’t go far enough.
Now, thanks to pressure from social media and politicians like Crowe and Geoirgia State Senator Rick Williams, who helped co-author Addy’s Law, it seems like NHTSA is getting involved.
Prompted by media reports, the US Department of Transportation issued an investigation regarding Waymo’s AV, which states that, “the AV initially stopped, but then drove around the front of the bus by briefly turning right to avoid running into the bus’s right front end, then turning left to pass in front of the bus, and then turning further left and driving down the roadway past the entire left side of the bus. During this maneuver, the Waymo AV passed the bus’s extended crossing control arm near disembarking students (on the bus’s right side) and passed the extended stop arm on the bus’s left side.”
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While it remains to be seen how much work NHTSA is actually doing amid the ongoing shutdown of the Federal government, it’s worth noting that, regardless of the outcome, Senator Williams said he plans to introduce new legislation that would hold driverless car companies accountable with higher fines if their vehicles violate traffic laws. If that passes in Georgia, it could set the stage for politicians across the US and even abroad to use similar fins to halt the spread of autonomous taxis in their states.
We’re typically pretty tech- and autonomous-forward here, but as a parent I would absolutely lose my s*** if a Waymo or Robotaxi or whatever else ran over my kid. but I’ve also seen plenty of human drivers blow past a school bus with a knee on the steering wheel and both eyes glued firmly to their phones. Let us know who you’d be more ready to trust with your kids’ lives in the comments.
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Nobody ever says “this is business” before doing something nice, and the recently reborn Lion Electric company is keeping that streak alive by doing the unthinkable to cut costs: they’re going to void the warranties on hundreds of electric school buses.
This past summer, the fallout from Lion Electric’s dissolution reached a critical mass, and the company’s new owners — the Quebec-based real estate giants Groupe MACH — decided to cancel the warranties on electric school buses sold in the US, leaving many districts with unsafe or broken down buses and no recourse to get their money back while the brand continued to take orders and make money in Canada.
Now, it seems like even the Canadian fleets have some serious safety concerns. School Transportation News and the CBC report that The Quebec Ministry of Education has ordered Lion school bus models be taken out of service immediately after a pair of LionC electric buses caught fire in Montreal, Quebec on Sept 9th, leading to disruptions across the province and a renewed scrutiny of Lion bus safety (Lion360 diesel-powered school buses, which Lion manufactured prior to only producing electric vehicles in 2017, were also affected by the issue).
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Lion Bus (the company’s new, official name), has issued an inspection bulletin detailing a four-hour repair, which reads, “We have identified some potential anomalies in a sub-component of the HVAC system that Lion obtains from a third-party supplier … in the interest of safety above all else, we request that Lion bus operators perform the following inspections and modifications: mandatory inspection of several low-voltage electrical connections, replacement of certain electrical connectors, replace fan fuses with less powerful ones, adding a fuse to an HVAC control panel circuit. This inspection and modification procedure must be carried out on all Lion360 (diesel) and LionC 3rd generation and earlier buses (Gen3, Gen2 and Gen1).”
No word yet on whether the issue impacts any of the few Lion Electric buses still on US roads, but remember: Lion Bus wouldn’t help you if it did.
You can read about Lion’s decision to leave US school districts holding the bag on its troubled products in the original July post, below, then let us know how you feel about Groupe MACH’s handling of the situation in the comments section at the bottom of the page.
The warranty story
LionC Electric bus; via Lion Bus.
In a letter issued to exiting Lion Electric customers last week, Deloitte Restructuring announced that the warranties on all Lion vehicles purchased outside of the company’s home Province of Quebec are null and void – leaving dozens of school districts in the lurch with stranded assets that won’t get fixed, and can’t be sold to generate funds for replacements.
“We are working with alternate vendors at the expense of the school district to help keep our electric buses functional and on the road,” explains Dr. Richard Decman, Superintendent of Herscher CUSD No. 2 district in Herscher, Illinois. “Currently, six of our 25 (Lion) electric buses need some type of repair.”
Student Transportation News reports that Lion buses represent fully half of Herscher’s overall fleet of 50 buses, and that the district has received nearly $10 million for the purchase of 25 electric buses and the related charging stations from various state and utility incentive programs.
Herscher isn’t the only district having problems with Lion buses. “All four Lion buses that we own are currently parked and not being used,” Coleen Souza, interim transportation director of Winthrop Public Schools, told Clean Trucking. “Two of them are in need of repairs which would cost us money which we are not willing to invest in because the buses do not run for more than a month before needing more repairs.”
More of the same in Maine, where Yarmouth School Department bought two Lion Electric buses in 2023 with the state covering the costs. According to Superintendent Andrew Dolloff, the buses almost never worked. “We’ve had some sporadic service over the past two years, but as soon as the tech leaves, the buses produce error codes again,” explained Dolloff. ” and “Then the technician quits or is released, and we wait a few months for the next response.”
Dolloff added that Yarmouth’s electric buses did not operate during the 2024-25 school year.
Lion’s new owners are seemingly uninterested in their customers’ plight – which might be easily dismissed if those new owners, Groupe MACH, weren’t also the old owners of Lion Electric.
That’s right, kids. Quebec-based real estate company Groupe MACH, which stepped in to “save” Lion Electric earlier this summer, along with Ontario-based Mirella & Lino Saputo Foundation, bought $90 million of equity in Lion Electric back in 2023. And, while the MACH people may not have been the ones who ultimately made the call about voiding the warranties (that decision was made by the Deloitte bankruptcy team), it is absolutely Group MACH who have, to date, not announced plans to continue to honor those warranties, either.
Make of that what you will.
Deloitte Lion letter
SOURCES: School Transportation News, Clean Trucking, Deloitte.
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The first-ever Liebherr MK 120-5.1E electric crane in customer hands has rolled into the narrow, historic streets of Bern’s old town at 20 meters tall with a 45 meter reach and (of course) zero emissions, no vibrations, and almost no noise.
Deployed by Swiss construction firm Zaugg AG Rohrbach, the new Liebherr electric mobile crane is working hard placing temporary roofs above operational construction sites. It’s precise work, since the narrow streets of Bern’s historic old town weren’t even built for cars — much less massive, five-axle construction machinery. The prices controls and smooth operation of the electric drive mean the MK120-5.1E’s operators could confidently navigate the narrow streets without causing damage and creating new, unpaid jobs for themselves.
“The all-wheel steering allows us to manoeuvre easily in the narrow alleyways,” explained Stefan Stettler, head of the crane department at Zaugg AG Rohrbach. In reverse gear, the crane worked its way along the historic Rathausgasse to its construction site, past the arcades typical of the old town.
“The low-noise and emission-free crane work is naturally pleasant for (Bern’s) residents, tourists and passers-by,” explained Stettler. “Especially as we only extended the crane support on the side facing away from the construction site by 50 per cent, allowing pedestrians and cyclists to pass through at all times.”
The MK120-5.1E electric mobile crane offers 8,000 kg (~17,650 lbs.) of lifting capacity, and all of the crane’s drives and winches are powered by electric motors, eliminating both the need to “warm up” or service oil-based hydraulics. It can be had with either a 98 kWh on-board battery (shown) or a 544 hp Liebherr diesel genset.
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