Google Seeks Judge, Not Jury, in Antitrust Case Concerning Online Advertising Monopoly

Google is making headlines once again as it seeks to have a judge, rather than a jury, decide whether it violated U.S. antitrust laws by monopolizing the technology that powers online advertising. The tech giant has written a multimillion-dollar check to the U.S. government to bolster its case and render moot the government’s argument for a jury trial.

The antitrust case, set to go before a jury in Alexandria, Virginia, in September, is one of two major lawsuits brought by the Justice Department against Google. While the Virginia case focuses on advertising technology, another ongoing case in the District of Columbia centers on Google’s dominance as a search engine.

Google’s argument for a judge to decide the merits of the case in Virginia is based on the complexity of the technology ecosystem involved, which the company claims is outside the everyday knowledge of most jurors. The company also argues that the constitutional right to a jury trial does not apply to a civil suit brought by the government.

The Department of Justice seeks monetary damages on behalf of federal agencies that it says were harmed by Google’s monopolistic practices in the Virginia case. Google contends that the damages claim was added at the last minute to allow the government to demand a jury trial, but it has paid the government triple the amount of demonstrated losses to eliminate the need for a jury to decide the damages question.

While Google maintains that it is unprecedented for a jury to decide a government antitrust suit, the company has previously defended itself in front of a jury in antitrust cases brought by private companies. It remains to be seen how this high-stakes legal battle will unfold as Google and the government continue to clash over the path forward.