Judge approves final members to committee crafting remedies to Google search monopoly

WASHINGTON (CN) — A federal judge on Monday approved the appointment of two individuals to an oversight committee tasked with finding a remedy for Google's monopoly over internet search.

A three-member standing committee selected Dirk Bergemann and CJ Saretto to join the Technical Committee, which is responsible for ensuring Google shares its search index and user data with rival search engine companies and potential competitors entering the search market while screening such recipients to prevent data leaks.

U.S. District Judge Amit Mehta granted the Justice Department's unopposed joint motion to approve Bergemann and Saretto's selection as the fourth and fifth members of the oversight body.

Bergemann is an economics and computer science professor at Yale University who specializes in researching market design, the economics of information, game theory and the application of those concepts to online marketplaces. His most recent work concerns the markets for data, auctions for digital advertising, information design, robust mechanism design and algorithmic pricing.

Saretto is the chief technology officer at Axiom, a legal services provider that advertises as a cheaper option due to its use of artificial intelligence. According to the Justice Department, Saretto has expertise in the intersection of AI and information retrieval, with a deep understanding of data security, role-based access controls and the "critical balance between data utility and privacy."

He also worked at Microsoft between 2001 and 2015, where he worked on Windows Home Server and MSN Messenger until 2009 before joining 343 Industries, the video game studio behind recent iterations of the iconic "Halo" franchise. Saretto worked at 343 as a principal lead producer and a group program manager, where he worked on "Halo 4," "Halo 5" and "Halo: The Master Chief Collection."

Bergemann and Saretto join former Microsoft executive Tammy Savage, former AOL executive Gerry Campbell and Cornell economics professor John Abowd on the committee. Savage, Campbell and Abowd were selected by the Justice Department, a coalition of states led by Colorado, and Google, respectively. Savage serves as the committee's chair.

The Technical Committee will be responsible for screening so-called "qualified competitors" before they are allowed access to Google's significant data trove, a process the tech giant has expressed considerable concern over.

The decision comes as the government and the tech giant have clashed over what Google should be allowed to review when third-party competitors submit sensitive business information to the Technical Committee.

According to the Justice Department, the committee must be able to work freely with potential competitors and better understand whether they can be trusted with the sensitive data in order for the remedy to succeed. Google's interference could drive away competitors, the DOJ warned.

Under the government's proposal, Google and its attorneys would only be able to access confidential third-party information contained in the Technical Committee's final written recommendations. However, Google could make limited requests for specific types of information, subject to the Justice Department's approval.

Steve Fischer, chief business officer at search competitor DuckDuckGo, said in a declaration that allowing Google a "seat at the table" would make documents like forward-looking business plans available to the tech giant.

Google argues it needs to be an "active participant" in the proceedings before the Technical Committee and have some insight into what competitors submit. If Mehta adopted the Justice Department's position, it would block Google from accessing key evidence underlying the committee's decisions and recommendations, which the company equates to a denial of due process given the impact the committee's recommendations could have on the core aspect of its business.

Mehta has yet to rule on the motion.

Last week, however, Mehta denied Google's effort to pause the remedy process while an appeal before the D.C. Circuit marches toward arguments later this year.

In an eight-page ruling, the Barack Obama appointee sided with the Justice Department's argument that those remedies are still months away from beginning and thus Google cannot argue it will be irreparably harmed without a stay.

The ruling requires the Justice Department to notify Google and the court 45 days before any qualified competitor can begin to access a data-sharing or syndication remedy so Google can renew its stay motion.

"Though the court is loath to kick the proverbial can down the road, it is what the high bar of irreparable harm presently demands," Mehta wrote.