They are not being prosecuted for "training employees to not talk about beating the competition." They're being prosecuted for restrictive deals on the search engine default, which prevents competition from gaining the data they need to compete. Udi Manber himself said that's what they're for.
The training bit: personally I think it's a mistake for the government to dwell on that too much. It would be nice if they had a smoking gun email about "cutting off their oxygen," but they don't, so move on. Explaining why you don't have the smoking gun is something you should do only in passing.
The training bit: personally I think it's a mistake for the government to dwell on that too much. It would be nice if they had a smoking gun email about "cutting off their oxygen," but they don't, so move on. Explaining why you don't have the smoking gun is something you should do only in passing.