State antitrust watchdogs are targeting Google’s plans to eliminate third-party tracking cookies, based on a major lawsuit filed last year. The Texas-led group of 15 attorneys general updated their complaint about Google yesterday to include a more detailed case against the search giant, including new allegations about Google’s strategic use of the Chrome browser. In particular, the new complaint targets Chrome’s recent privacy updates, which could better protect users’ personal data, while consolidating Google’s position in the market.
The Texas complaint, filed in December, is one of three ongoing antitrust cases against Google. That same month, the Colorado attorney general led a group claiming that the company was stifling competition by manipulating search results. A separate case from the Department of Justice focuses on Google’s dominance of the web search market and the associated ad business.
Like the original Texas complaint, Tuesday’s updated filing focuses primarily on Google’s technology to target ads on the web. Attorneys general argue that Google has used its power in search, streaming video and other markets to eliminate independent advertising platforms, forcing small businesses and the media to use its system.
But in the updated complaint, states apply this argument to Google’s “Privacy Sandbox” – a tool that should replace invasive third-party tracking cookies with a more limited system developed by Google.
“The new Google scheme is, in essence, blocking all of the Internet that consumers access through Google’s Chrome browser,” says the complaint. Blocking cookies can be a good thing – other browsers like Firefox and Safari have already done so. But Chrome dominates the browser market and is part of a much larger set of Google products. The lawsuit argues that Google’s plans would require advertisers to use it as an intermediary and would make Google’s own advertising system much more attractive.
For years, Google has been gradually reducing the use of tracking cookies, announcing earlier this month that it will not establish an alternative system for tracking users on the web. But the company’s critics – including the Electronic Frontier Foundation – criticized these efforts as selfish. Now, state regulators appear to be embracing these criticisms and putting new legal pressure on Google’s efforts to block crawling on Chrome.
“Google is trying to hide its true intentions behind a pretext for privacy,” continues the process. With the Privacy Sandbox, “Google doesn’t actually end up with the user’s profile or targeted advertising – it puts Google’s Chrome browser at the center of tracking and targeting.”
Sought to comment, Google said the new allegations were based on a misunderstanding about Chrome’s privacy features. “Attorney General Paxton’s latest allegations mischaracterize many aspects of our business, including the steps we are taking with the Privacy Sandbox initiative to protect people’s privacy as they browse the web,” said a Google representative. “These efforts were welcomed by privacy advocates, advertisers and our own rivals as a step forward in preserving user privacy and protecting free content. We will defend ourselves strongly against AG Paxton’s baseless claims in court. “
Update 1:50 pm ET: Added Google statement.