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.

The deletion of internal chats, which were automatically wiped after 24 hours unless employees manually saved them, has become a point of contention across multiple cases against Google. The chat policy was in effect until February 2023, and it is now at the center of broader concerns over document retention and evidence preservation.

Broader Legal Implications

This is not the first time Google has faced scrutiny for its document retention policies. In a California case concerning the Google Play Store, a judge instructed jurors that they could infer the deleted messages held unfavorable evidence for Google. Similarly, a federal judge in Washington, D.C., criticized the company in an antitrust ruling over its search monopoly but stopped short of imposing an adverse inference.

The DOJ's motion also challenged Google's "Communicate with Care" policy, which allegedly discouraged employees from discussing sensitive topics via email or other preserved formats to avoid legal liability.

Google Chat Deletion Warning : Legal Teams Involved

The DOJ is represented by a large legal team from the Antitrust Division, while Google’s defense includes lawyers from Freshfields Bruckhaus Deringer LLP, Axinn Veltrop & Harkrider LLP, Paul Weiss Rifkind Wharton & Garrison LLP, and others.