bbieron@platformeconomyinsights.com

Ohio State Judge Rules That Google is not a Common Carrier

Sep 1, 2025

Report from the MediaPost

In Brief – Ohio State Judge James Schuck has dismissed state Attorney General David Yost’s lawsuit arguing that Google should governed under state law as a “common carrier’, comparable to a telecommunications company or electric utility, and therefore was prohibited from preferencing its own products and services in its search results. In his order throwing out Yost’s lawsuit, the Delaware County Common Pleas Court Judge flatly stated, “Google Search does not meet the definition of a common carrier under Ohio law.” Yost argued that Google is a common carrier because it’s available to all web users, garners ad revenue by transporting information and provides services that concern the public. Google argued that it doesn’t “transport” people or property, and its search results are individually tailored. Schuck backed the Google reading of the law, noting that under Ohio’s definition of common carrier, companies must “transport persons or property for hire,” and “undertakes to carry for all people indifferently.” The judge added that Google makes judgment calls when determining search results.

Context – As this lawsuit disappears into the mist more than four years after it was filed, note how much the policy and political dynamics have changed. Arguing over the “fairness” of Google search results is nearly as old as the commercial internet because every Google algorithm change benefits some websites and appears to hurt others. The EU has since enacted the Digital Markets Act to regulate Google search and address the self-preferencing concerns of critics like Yost. While US regulators have rejected similar complaints, Yelp, a long-time Google critic, is now suing Google for anti-competitive treatment following the landmark 2024 antitrust ruling by Federal Judge Amit Mehta that Google search was a monopoly. Finally, the argument that giant online platforms like Google were “common carriers” that could not discriminate was also made by many conservatives, including Justice Clarence Thomas, who claimed the platforms engaged in “ideological censorship” that was not permitted for common carriers, although the argument has appeared less since Elon Musk bought Twitter.

View By Monthly
Latest Blog
Federal Appeals Court Panel Upholds Florida Teen Social Media Law

Report from the Orlando Sentinel In Brief – A unanimous three-judge panel of the 11th Circuit Court of Appeals panel has ruled Florida’s law restricting minors’ social media accounts is likely constitutional and is allowing enforcement during remaining litigation. The...

The Federal Trade Commission is Investigating Anthropic and OpenAI

Report from the Wall Street Journal In Brief – Federal Trade Commission officials have said that the agency is investigating Anthropic and OpenAI over whether they have deceived consumers about potential harms from AI. The effort has reportedly been underway for weeks...

Polish Antitrust Regulator Presses Google on Media Payments

Report from Digital Watch In Brief – Poland’s competition regulator has opened an investigation of Google that accuses the search giant of abusing its market dominance in negotiations with news publishers over payments for the use of media article snippets in results...

White House SI Force Orders AI Companies to Quickly Report Incidents

Report from Silicon Valley In Brief – The White House, through its recently established Super Intelligence (SI) Force, has demanded “full transparency” and “immediate remediation” after Anthropic disclosed that its AI agents submitted false information to the...

California Enacts Law Regulating AI Use by Employers

Report from CNBC In Brief – California Governor Gavin Newsom (D) has signed SB 947, the No Robo Bosses Act, making California the first state to prohibit employers from relying solely on artificial intelligence to discipline or fire workers. Employers that heavily use...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required