The lawsuit, which focuses on Google’s advertising technology, is still progressing towards trial. The Justice Department and 17 states are seeking $300 million and potentially more, alleging that Google is monopolizing crucial advertising technologies needed by businesses to generate revenue online.
Judge Leonie M. Brinkema dismissed Google’s claims, stating that allegations of bias were essentially a distraction from the main issues of the case.
Kanter, known for his opposition towards Big Tech, previously represented Google critic Yelp. He was recused from the Google case in his first year at the Justice Department, and after his authorization to work on the case, he was re-recused when Google hired his former employer as their legal representation.
The Virginia hearing highlights the Justice Department’s multi-pronged offensive against Google, with two separate antitrust lawsuits being brought in Washington and Virginia.
The first case, which revolves around Google’s dominance in search and search advertising, began trial in Washington this week, marking the first time in over two decades that the Justice Department has pursued a major tech company for antitrust issues.
During the hearing, Judge Brinkema criticized Google for failing to provide millions of documents for discovery before the court’s deadline, highlighting significant discovery issues in the case.
The judge urged the attorneys to focus on whether Google’s advertising platform is anticompetitive, emphasizing that this is the essence of the case.
Justice Department attorney Aaron Teitelbaum argued that Google’s attempt to question Kanter and challenge the department’s staffing decisions was unfounded, as questioning an attorney should only occur in exceptional circumstances, which did not apply in this antitrust litigation.
Although the investigation began in 2019, Google’s attorney Eric Mahr claimed that it intensified after Kanter became involved, pointing out that Kanter had lobbied the Antitrust Division to bring the case. However, the Justice Department stated that career staff alongside Kanter approved the ad-tech lawsuit against Google.
Judge Brinkema noted that the Justice Department is still in the process of obtaining millions of documents from Google during the discovery phase, which the company has failed to produce despite a previous deadline.
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