Google’s defense in a major antitrust case may be jeopardized after a Virginia federal judge signaled that deleted internal chats could become a pivotal issue in an upcoming trial. U.S. District Judge Leonie M. Brinkema, overseeing the case brought by the U.S. Department of Justice (DOJ), suggested that missing chats, which were deleted under Google’s 24-hour chat retention policy, could affect witness credibility during the trial scheduled to start on Sept. 9.
Google Chat Deletion Warning : Judge’s Wait-and-See Approach
Judge Brinkema declined to immediately grant the DOJ’s request for an adverse inference, which would assume the deleted chats contained evidence that would support the DOJ’s monopolization claims. However, she left open the possibility of revisiting the issue depending on how it influences the trial’s outcome. The judge expressed concern about Google’s chat deletion policy, calling it “a clear abuse of privilege” and “a foolish decision,” echoing similar criticisms from other federal judges.
Trial Over Google’s Ad Tech Practices
The case revolves around accusations that Google violated antitrust laws through its dominance over the technology used to sell and place display ads on third-party websites. The DOJ, alongside state attorneys general, argues that Google monopolized the ad tech industry by controlling the split-second auctions that connect advertisers with consumers. Similar claims are also pending in federal courts in Texas and New York.
