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Google Desires Choose, Not Jury, Determine Upcoming Antitrust Case in Virginia

Google Wants Judge Not Jury Decide Upcoming Antitrust Case in Virginia


Google on Thursday requested {that a} choose, slightly than a jury, determine whether or not it violated U.S. antitrust legal guidelines by constructing a monopoly on the expertise that powers internet marketing.

To bolster its case, the tech big wrote a multimillion-dollar test to the U.S. authorities that it says renders moot the federal government’s finest argument for demanding a jury trial.

The antitrust case set to go earlier than a jury in Alexandria, Virginiain September is certainly one of two main lawsuits the Justice Division has introduced in opposition to Google. Whereas the Virginia case focuses on promoting expertise, an ongoing case within the District of Columbia focuses on Google’s dominance as a search engine.

Google needs a choose to determine the deserves of the case in Virginia, as properly. The corporate argues in court docket papers filed Thursday that it is unprecedented for a jury to determine a federal antitrust case introduced by the federal government. It says that this case specifically entails “a sophisticated, intricate expertise ecosystem, which DOJ has acknowledged to this Court docket is ‘extremely technical, typically summary, and out of doors the on a regular basis data of most potential jurors.’”

A Division of Justice spokesperson didn’t instantly reply to an e mail searching for remark Thursday night.

Google, based mostly in Mountain View, Californiamakes two major arguments for placing the federal government’s demand for a jury trial. For starters, Google argues that the constitutional proper to a jury trial doesn’t apply to a civil go well with introduced by the federal government.

The correct to a jury trial, based mostly within the Invoice of Rights, “protects residents in opposition to the federal authorities, not the opposite means round,” Google’s legal professionals write of their court docket submitting.

The corporate acknowledges within the court docket papers, although, that the Justice Division has a stronger argument for demanding a jury in a case the place it seeks financial damages, versus merely searching for equitable reduction, like forcing Google to unload components of its promoting expertise.

Within the Virginia case, the Division of Justice seeks financial damages on behalf of federal businesses, together with the Military, that it says had been harmed by Google’s monopolistic practices and overpaid for on-line advertisements that they bought.

In its court docket submitting, Google contends that the injury declare was tacked on to the lawsuit on the final minute for the only objective of permitting them to hunt a jury.

The Division of Justice “manufactured a damages declare on the final minute in an try to safe a jury trial in a case even they describe as ‘extremely technical’ and ‘outdoors the on a regular basis data of most potential jurors,” the corporate mentioned in a written assertion Thursday.

Google’s submitting Thursday mentioned the corporate has lower a test to the federal government that’s triple the quantity of the losses the federal government can declare. The precise quantity of the test is redacted, however in different court docket papers, Google mentioned the utmost quantity of damages the federal government was capable of exhibit throughout the discovery course of was lower than $1 million.

As a result of the regulation permits antitrust damages to be trebled, the test quantity could be lower than $3 million.

Google says it nonetheless disputes that the damages are reputable, however says that paying the federal government’s claimed damages eliminates the necessity for a jury to determine the damages query.

Whereas Google says it is unprecedented for a jury to determine a authorities antitrust go well with, Google has defended itself in entrance of a jury on antitrust instances introduced by personal firms.

Final 12 months, a jury in San Francisco ruled in favor of Epic Gamesthe maker of the favored Fortnite sport, in a case the corporate introduced in opposition to Google over the Google Play retailer, which permits customers of Android telephones to obtain apps.

In that case, Google tried unsuccessfully on the final minute to modify the trial from a jury trial to a bench trial.

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