(Alexandria) A judge rather than a jury will decide whether Google violated federal antitrust laws by establishing a monopoly on the technology that powers online advertising.
Friday’s ruling by U.S. District Judge Leonie Brinkema is a defeat for the Justice Department, which had requested a jury trial when it filed the case last year in federal court in Alexandria, Wash. Virginia.
The government’s right to a jury trial rested largely on the fact that it sought damages to compensate federal agencies that bought online ads and claimed they were overcharged because of Google’s anticompetitive behavior.
The monetary values associated with these claims, however, were relatively small – less than $750,000 – and much smaller than in other government actions, which could include forcing Google to sell some of its advertising technology.
As a result, Google last month took the extraordinary step of sending the government a check for more than $2 million. The $750,000 in damages sought was tripled because the antitrust cases allow for triple damages.
Google, which is headquartered in Mountain View, Calif., argued that issuing the check negated any government claim for damages and eliminated the need for a jury trial.
At a hearing Friday in Alexandria, Justice Department lawyers argued that the check written by Google was insufficient to void the damages claim, sparking a technical discussion about how experts would attempt to quantify the damage.
Judge Brinkema ruled in favor of Google. She said the check from the multinational covered the highest possible amount the government had requested in its initial documents. She likened receiving the money, which was paid unconditionally to the government, to the equivalent of “receiving a wheelbarrow of money.”
In a statement released after Friday’s hearing, Google said it was “pleased that the Court has decided that this case will be tried by a judge.” “As we have said, this case is an unfounded attempt to pick winners and losers in a highly competitive industry that has contributed to overwhelming economic growth for businesses of all sizes,” he adds.
In court documents, Google also argued that the constitutional right to a jury trial does not apply to a civil action brought by the government.
The US administration does not agree with this assertion, but has stated that it will not seek a ruling from the judge on this constitutional question.
The Virginia antitrust lawsuit is separate from a case in the District of Columbia alleging that Google’s search engine is an illegal monopoly. A judge heard closing arguments, but has not yet issued a verdict.