Google agrees to pay damages to US Department of Justice to avoid jury trial in antitrust case
Google is facing
gov.uscourts.vaed.533508.630.0.pdf
(PDF file) https://storage.courtlistener.com/recap/gov.uscourts.vaed.533508/gov.uscourts.vaed.533508.630.0.pdf
Google cuts mystery check to US in bid to sidestep jury trial | Reuters
https://www.reuters.com/legal/government/google-cuts-mystery-check-us-bid-sidestep-jury-trial-2024-05-20/
On January 24, 2023, the U.S. Department of Justice filed lawsuits against Google in states including Virginia, alleging that the company is stifling competition in advertising technology.
Google has denied the allegations, saying, 'Competition in the advertising market has increased since the acquisition was approved by regulators,' and 'Governments should not choose winners and losers in a competitive industry.'
Meanwhile, Google has written a check to the Department of Justice claiming that it will 'compensate for financial damages related to the litigation' in order to avoid a jury trial. Google said, 'In these circumstances, where damages have already been paid in advance, there should be no right to a jury trial.' Google acknowledged the payment of damages, but did not disclose the amount.
According to Google, after months of investigation by the Department of Justice, the estimated damages that could be collected were less than $1 million (approximately 150 million yen). In other words, by paying damages to the Department of Justice in advance of collection, Google, which has ample funds, is trying to eliminate the value of the argument in court and, as a result, avoid a jury trial.
Google added that 'this case is highly technical and outside the routine knowledge range of most potential jurors who are members of the general public.'
However, Stanford Law School professor Mark Lemley expressed skepticism about Google's tactics, saying, 'Jurors may ultimately award more damages than Google paid to the Department of Justice.'
'Google's move is smart,' said Herbert Hovenkamp of the University of Pennsylvania Law School.
Google's move is smart, and calculated to produce a better outcome. Juries are bad at deciding technical cases, and further they do not have the authority to order a breakup. The 'law' (damages) and 'equity' parts of the case are best separated; this motion facilitates that. https://t.co/Il3YoLjJuf
— Herbert hovenkamp (@Sherman1890) May 17, 2024
The Department of Justice has not said whether it will accept damages from Google.
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