FOLLOW US

A Virginia federal judge ruled Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will proceed to trial. The judge found too many factual disputes to dismiss the case, setting a trial date for September 9.

Google Trial Sep Date : Summary Judgment Denied

U.S. District Judge Leonie M. Brinkema denied Google's motion for summary judgment, highlighting significant disputes over material facts, including the definition of the ad tech market. Google had argued that its conduct was not illegal, claiming it merely did not offer rivals the same access and features when working with its advertisers and publishers.

Google Trial Sep Date : DOJ's Position and Google's Response

The DOJ and its state attorney general partners argued that Google mischaracterized the lawsuit, which hinges on Google’s manipulation of advertising exchanges, not merely its duty to deal with rivals. This manipulation affects the split-second auctions pairing publishers with advertisers. Judge Brinkema declined to address these arguments directly, leaving room for Google to seek summary judgment again in the future. Google expressed confidence following the ruling, stating that the DOJ's arguments risk harming small businesses and raising advertising fees. The company is eager to clarify the situation at trial. The DOJ declined to comment.

Expert Testimony Disputes

The hearing originally scheduled for June 21 was deemed unnecessary by Judge Brinkema, who had already decided on the competing motions to exclude expert testimony. She rejected Google's cybersecurity expert’s testimony, finding it unnecessary, while allowing other expert testimonies from both sides to be considered at trial. Judge Brinkema emphasized her ability to evaluate expert testimony without a jury's involvement.

Google Trial Sep Date : Similar Cases Ongoing

This case is not the only one Google faces. Similar claims are being pursued in Texas federal court, and multidistrict litigation involving publishers, advertisers, and others is ongoing in New York.

Details of Legal Representation

The DOJ's legal team includes Gerard J. Mene, Aaron M. Teitelbaum, Katherine Clemons, Julia Tarver Wood, Alvin H. Chu, and several others from the DOJ’s Antitrust Division. Google’s defense is represented by Eric Mahr, Andrew J. Ewalt, Julie S. Elmer, Justina Sessions, and others from Freshfields Bruckhaus Deringer LLP, Axinn Veltrop & Harkrider LLP, Paul Weiss Rifkind Wharton & Garrison LLP, and Craig C. Reilly of The Law Office of Craig C. Reilly.