In an astonishing move, Google cut a check to the U.S. government over an antitrust case, in the hopes of avoiding a jury trial. And it argues such jury trials are unconstitutional.
The headline is strange. The DOJ sued for money and Google just straight up gave them the money they could have won upfront. That’s not a “pay off”; it’s literally what they asked for. It’s a win for the DOJ. Google’s argument against a jury trial also seems on solid ground. The right to a trial by jury is meant as a protection for Americans; the government itself doesn’t have the right to demand a jury. If the defendant thinks the legal issues in the case are too arcane and a judge is more likely to get it right (and get it right faster, which is cheaper), that’s their prerogative.
It’s unclear just how big the check was. The court filing redacted key figures to protect Google’s trade secrets. But Google claimed that testimony from US experts “shrank” the damages estimate “considerably” from initial estimates between $100 million and $300 million, suggesting that the current damages estimate is “substantially less” than what the US has paid so far in expert fees to reach those estimates.
According to Reuters, Google has not disclosed “the size of its payment” but has said that “after months of discovery, the Justice Department could only point to estimated damages of less than $1 million.”
A fine of less than $1 million is absolutely not what anyone except Google is asking for.
A fine of less than $1 million is absolutely not what anyone except Google is asking for.
The DOJ can really only ask for treble damages. If Google paid ~$3 million, that’s realistically as good as the DOJ was going to get. It sounds like the initial estimates were just way off. Nobody should be shocked that the inept antitrust division screwed up again. They’re going after big, buzz-worthy names without the facts or law to actually back it up.
Only Google is claiming that the damages are less than $1 million. You’re taking Google’s self-interested claim as fact while overlooking Google’s financial motivation to pay less than what they owe, which a jury could find to be in the hundreds of millions. For obvious reasons, court judgments aren’t decided by the defendants.
The headline is strange. The DOJ sued for money and Google just straight up gave them the money they could have won upfront. That’s not a “pay off”; it’s literally what they asked for. It’s a win for the DOJ. Google’s argument against a jury trial also seems on solid ground. The right to a trial by jury is meant as a protection for Americans; the government itself doesn’t have the right to demand a jury. If the defendant thinks the legal issues in the case are too arcane and a judge is more likely to get it right (and get it right faster, which is cheaper), that’s their prerogative.
Based on the statements Google previously made, Google most likely sent a check for a fraction of the damages that a jury could find them liable for.
A fine of less than $1 million is absolutely not what anyone except Google is asking for.
The DOJ can really only ask for treble damages. If Google paid ~$3 million, that’s realistically as good as the DOJ was going to get. It sounds like the initial estimates were just way off. Nobody should be shocked that the inept antitrust division screwed up again. They’re going after big, buzz-worthy names without the facts or law to actually back it up.
Only Google is claiming that the damages are less than $1 million. You’re taking Google’s self-interested claim as fact while overlooking Google’s financial motivation to pay less than what they owe, which a jury could find to be in the hundreds of millions. For obvious reasons, court judgments aren’t decided by the defendants.