Google has taken a bizarre step to avoid a jury trial in the US Justice Department’s antitrust lawsuit against its online ad business. It has preemptively paid damages sought by the DOJ for allegedly making government entities overpay for its services. The company now argues that the government cannot ask for a jury trial because it no longer has a monetary damages claim.
Google paid damages to sidestep a jury trial in the DOJ antitrust case
Last year, the Department of Justice and several US states teamed up to file an antitrust lawsuit against Google’s online ad business. The complaint alleges that the company unfairly stifled competition in the industry and developed a monopoly. The US government is seeking a sale of Google’s ad manager suite. The trial is scheduled to begin in September, currently before a jury.
However, according to Google, the DOJ “manufactured a damages claim at the last minute in an attempt to secure a jury trial” in the case. The company wants a judge to hear and decide the case. Hence, it offered the DOJ a check to strike off its damages claim. Google disclosed the payment in a court filing last week. It didn’t specify the amount but said it was enough to cover the alleged overcharges.
In its filing, Google noted that the DOJ itself described this case as “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors.” Yet it is seeking a jury trial. The company is now looking to sidestep it by paying the damages sought by the plaintiffs. It says the check will allow it to avoid a jury trial whether or not the government accepts it.
As of this writing, the DOJ hasn’t responded to Google’s latest filing. It hasn’t revealed whether it will accept the check or not. The US government has until the next scheduled hearing on June 21 in Alexandria, Virginia, federal court to respond. If Google’s attempt to pay its way out of a jury trial is unsuccessful, the case might proceed as originally scheduled.
The tech titan is desperate to avoid a jury trial
Google has faced several antitrust lawsuits in recent months, and one of those was decided by a jury trial. A jury in San Francisco ruled in favor of “Fortnite” maker Epic Games, saying that the tech titan “illegally barred competing Android app stores and forced developers to use its payment system for in-app transactions.” The company likely fears a similar outcome if this case goes to a jury trial.
Google is also awaiting a ruling on a separate antitrust case from the DOJ. It is about the company’s web search business. The DOJ filed the case last year alleging unfair practices to stifle competition. The months-long trial wrapped up earlier this month. Judge Amit P. Mehta, a judge in the US District Court for the District of Columbia, is expected to issue the much-awaited landmark ruling later this year.
2024-05-22 15:05:20