I have high level contacts at Google and from my understanding from conversations, Google releases improvements to its search engines algorithms and ranking logic several times per day and then a major update several times a year. If the US tries to argue this, I believe Google will be able to flood them with incremental changes which they will have a significant burden to prove each and every one of them is insignificant, which is like true for the vast majority of the updates but, there will be dozens per year that offer so level of significant improvement in some tangible area which will destroy this argument. The burden of proof is on the accuser and simply, they will have to spend millions to just get up to speed with the rate at which Google Search is tangibly improved over time. Notably, since starting to work with SEO and SEM 15 years ago, there has been major updates and shifts in strategyever two to three years to combat different practices and improve the tangible quality of the results for end users.