March 2023, advertising: Google’s motion to transfer the advertising case to New York is denied by Judge Brinkema, who orders the parties to propose discovery schedules within two weeks of the order. Two weeks later, Google moves to dismiss the case for failure to state a claim, arguing that the plaintiffs have simply produced legal conclusions, and not specific facts, that could support their claims. Judge Brinkema schedules pre-trial conferences for January 2024.
Feb. 2023, search: The plaintiffs in the default search case case move for sanctions against Google, accusing it of spoliation, which refers to the destruction, alteration or failure to preserve relevant evidence in a case. Elsewhere, in the advertising case, Google moves to transfer the case from the Eastern District of Virginia to the Southern District of New York, which is seen as an attempt to consolidate the case with related digital advertising antitrust litigation.
Jan. 2023, advertising: A second antitrust action, pushed by eight states and the DoJ, is filed in federal district court in eastern Virginia. The plaintiffs, who call for Google’s advertising business to be split up, accuse Google of manipulating its dominant position in the online advertising world to squeeze out rivals and control both the supply and demand side of the advertising market. Google, according to the complaint, thwarted fair competition by manipulating fees, punished advertisers for using alternative platforms and ad exchanges, and engaged in a host of further anti-competitive behavior in the interest of monopolizing the marketplace. (This is case that began in September 2024.)
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