Ohio Sues To Classify Google As A Public Utility

COLUMBUS, OH — A new lawsuit asks a court to declare Google a public utility in Ohio.

The lawsuit was filed by Ohio Attorney General Dave Yost. If a court decides in Ohio's favor, it would change the way Google presents its search results to Ohioans, Yost said.

“Google uses its dominance of internet search to steer Ohioans to Google’s own products — that's discriminatory and anti-competitive,” Yost said in a statement. “When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access."

No monetary damages are sought in the lawsuit.

Instead, the court is asked to legally declare that Google is a common carrier (aka a public utility) and is subject to government regulation.

“Google Search is designed to provide people with the most relevant and helpful results. AG Yost's lawsuit would make Google Search results worse and make it harder for small businesses to connect directly with customers. Ohioans simply don't want the government to run Google like a gas or electric company. This lawsuit has no basis in fact or law and we'll defend ourselves against it in court," Google said in a statement sent to Patch.

The lawsuit also argues Google has a "duty to offer sources or competitors rights equal to its own." That means Google would not be able to place its own products or preferred websites above other items in a search result. The "equal rights" would extend to advertisements, enhancements, knowledge boxes, integrated specialized searches, direct answers and other features.

What would this mean for people searching Google? If an Ohioan was searching for a flight, they might routinely be directed to Google Flights and miss offers from competitors like Orbitz or Travelocity, Yost said. This would give those companies equal footing in search results.

No other state has attempted this form of lawsuit against Google.

This isn't the first lawsuit Yost has filed against Google during his tenure as attorney general of Ohio. In December 2020, he joined 37 other states in a lawsuit accusing Google of violating the Sherman Act, meaning they were operating as a monopoly.

Google did not immediately respond to a request for comment from Patch.