The headline is strange. The DOJ sued for money and Google just straight up gave them the money they could have won upfront. That’s not a “pay off”; it’s literally what they asked for. It’s a win for the DOJ. Google’s argument against a jury trial also seems on solid ground. The right to a trial by jury is meant as a protection for Americans; the government itself doesn’t have the right to demand a jury. If the defendant thinks the legal issues in the case are too arcane and a judge is more likely to get it right (and get it right faster, which is cheaper), that’s their prerogative.
The DOJ can really only ask for treble damages. If Google paid ~$3 million, that’s realistically as good as the DOJ was going to get. It sounds like the initial estimates were just way off. Nobody should be shocked that the inept antitrust division screwed up again. They’re going after big, buzz-worthy names without the facts or law to actually back it up.