I don't disagree with you, I was just being theoretical. Of course I know that Google does that, I just don't want them to be mandated to do so.Minor pedantic correction: They can and they do. Both explicitly and thinly veiled (But nonetheless veiled) advertising results as well as the actual result order.
I am not saying this is explicitly what's argued in the case (Doesn't seems like it) or that it should weight heavily or how heavily whenever or not a result is buried, shown as normal, Google promotes it (Something we know sites can do) or Google chooses to remain willfully ignorant to intentional manipulation tactics like getting a bunch of bots to search for it (Or even more low tech, some exploitative contact center of actual people getting paid very little to manually search it repeatedly to gain the algorith, a practice that sadly it's still common on weaker economies around the world) I am not taking a more specific position.
In fact you're welcome to argue *any* of the points I just brought up are ultimately not important to the overall decision idgaf honestly, but it should be clarified that Google not only alters search engine results, but has a business model that depends on it.