$2.3M: Google’s “get Out Of Jury Free” Card


Google has efficiently prevented a jury trial in an antitrust case by remitting a $2.3 million fee to the US Division of Justice. On account of immediately’s resolution, Google will bear a bench trial—a trial presided over solely by a decide—for the reason that upfront fee sufficiently covers any potential damages a jury may need awarded.

“I’m happy that the cashier’s examine satisfies any damages declare,” US District Choose Leonie Brinkema remarked following a listening to within the Japanese District of Virginia on Friday, as reported by Bloomberg. “A good studying of the professional reviews doesn’t assist” the next quantity, Brinkema famous.

The precise quantity: $2,289,751

Reportedly, the examine amounted to $2,289,751. Bloomberg additional famous that “As a result of the damages are now not a part of the case, Brinkema dominated a jury is now not wanted and she’s going to oversee the trial, set to start in September.”

The fee’s uniqueness was mirrored by the bizarre US request for a jury trial, as antitrust circumstances usually proceed with out one. The US authorities contended {that a} jury ought to decide damages because of alleged overcharging for promoting.

In a filing final week, the US opposed Google’s movement to dismiss the jury demand, arguing that “the examine it delivered didn’t truly compensate the US for the complete extent of its claimed damages” and that “the unilateral provide of fee was improperly premised on Google’s insistence that such fee ‘not be construed’ as an admission of damages.”

The federal government’s damages professional’s calculations recommended figures “a lot greater” than Google’s cited quantity, as famous within the submitting. The precise greater damages sought by the federal government had been redacted in final week’s submission.

The US, alongside eight states, filed a lawsuit in opposition to Google in January 2023, concentrating on the corporate’s promoting know-how sector. This case has now expanded to contain 17 states.

Google contested the necessity for a jury trial, asserting that related antitrust circumstances are historically adjudicated by judges because of their complicated and summary nature. Google acknowledged, “To safe this uncommon posture, a number of weeks earlier than submitting the Criticism, on the eve of Christmas 2022, DOJ attorneys scrambled round searching for companies on whose behalf they may search damages.”

The lawsuit from the US and the states accused Google of undermining honest competitors within the advert tech business. They alleged that Google aimed to “neutralize or eradicate advert tech rivals, precise or potential, via a sequence of acquisitions” and to leverage its dominance in digital promoting to coerce extra publishers and advertisers into utilizing its merchandise, thereby impairing their potential to make use of competing merchandise successfully.

In response to the US authorities lawsuit, federal companies had spent over $100 million on promoting since 2019, looking for to get well treble damages for Google’s purported overcharges. Nevertheless, the federal government narrowed its claims to the advert purchases of solely eight companies, thereby lowering the potential damages.

Google dispatched the examine in mid-Could. Whereas the quantity was not initially disclosed, Google claimed it included “each greenback the US might conceivably hope to get well beneath the damages calculation of the US’ personal professional.”

The US disputed the notion that $2.3 million was the utmost recoverable quantity. “Below the regulation, Google should pay the US the utmost quantity it might probably get well at trial, which Google has not completed,” the US acknowledged. “And Google can’t situation acceptance of that fee on its assertion that the US was not harmed within the first place. By doing so, Google makes an attempt to achieve the strategic good thing about satisfying the US’ damages declare (doubtlessly permitting it to keep away from a jury judgment) whereas concurrently avoiding the strategic drawback of the US arguing that Google’s fee is, at minimal, an acknowledgment of hurt to federal company advertisers who used Google’s advert tech instruments.”

Google contended that the DOJ beforehand agreed its claims amounted to lower than $1 million earlier than trebling and pre-judgment curiosity. In response to Google, the examine it despatched was for the precise quantity after together with trebling and curiosity. Nevertheless, Google argued, “the DOJ now ignores this undisputed reality, providing up a model new determine, beforehand uncalculated by any DOJ professional, unsupported by the report, and by no means disclosed,” as acknowledged of their courtroom submission.

Choose Brinkema sided with Google in immediately’s listening to, noting that “the quantity of Google’s examine lined the best doable quantity the federal government had sought in its preliminary filings,” in response to the Associated Press. She described the receipt of the cash, which was paid unconditionally to the federal government no matter whether or not the tech big prevailed in its arguments to strike a jury trial, as equal to “receiving a wheelbarrow of money.”

Though the US didn’t safe extra damages than Google supplied, the lawsuit additionally seeks an order declaring that Google illegally monopolized the market.


Featured picture credit score: Kerem Gülen/DALL-E 3

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