Google has requested that a judge, rather than a jury, decide whether it violated U.S. antitrust laws by allegedly creating a monopoly in online advertising technology. To support its position, the tech giant has made a significant payment to the U.S. government, which it believes nullifies the government's primary argument for a jury trial.
The antitrust case, scheduled for September in Alexandria, Virginia, is one of two major lawsuits filed by the Justice Department against Google. The Virginia case focuses on advertising technology, while a separate case in the District of Columbia centers on Google's dominance as a search engine.
In the D.C. case, both parties have presented evidence and closing arguments, with a judge set to determine whether Google violated the law. Google is advocating for a judge to preside over the Virginia case as well, citing the complex and technical nature of the technology ecosystem involved.
Google's legal team argues that it is unprecedented for a jury to decide a federal antitrust case initiated by the government, especially one involving intricate technical details beyond the understanding of most jurors. The Department of Justice has not yet responded to requests for comment on the matter.
Google contends that the constitutional right to a jury trial does not extend to civil suits brought by the government, emphasizing that the right is designed to protect citizens from the federal government. The company acknowledges the government's stronger argument for a jury trial in cases seeking monetary damages.
In the Virginia case, the Department of Justice is pursuing monetary damages on behalf of federal agencies allegedly harmed by Google's monopolistic practices. Google disputes the legitimacy of the damages claim, but has paid the government an amount triple the demonstrated losses to avoid a jury trial on the damages issue.
While Google asserts that jury trials for government antitrust suits are unprecedented, the company has previously faced antitrust cases brought by private companies in front of juries. Notably, in a case against Epic Games last year, Google was unable to switch from a jury trial to a bench trial at the last minute.
