New York recently expanded its algorithmic pricing laws, now requiring retailers to disclose when prices are set with algorithmic software based on consumers’ personal data.The so-called practice of surveillance pricing entails adjusting prices charged for goods and services according to monitored personal data.

Following the August 5, 2024, decision in United States v. Google where the D.C. District Court found Google to be a monopolist, Judge Amit Mehta issued what would end up being the first remedies opinion on September 2, 2025. The decision establishes a six-year framework designed to promote competition in the general search engine market. 

While Google’s strategy eliminated the short-term risk of a potentially volatile jury, it exposed the company to a devastating, long-term issue preclusion risk. This article explains why Google’s bench-trial gamble backfired, and what antitrust defendants can learn from it.