Google's Request to Move Antitrust Case to N.Y. Should Be Denied: Plaintiffs

Google failed to demonstrate why its preference to litigate the DOJ’s digital advertising antitrust case (docket 1:23-cv-108) in the Southern District of New York should "disturb the deference" given to the plaintiffs’ chosen forum in U.S. District Court for Eastern Virginia in Alexandria, said plaintiffs’ Friday motion to deny. Google asked to transfer the case to the Southern District of New York, where it could be coordinated with Multidistrict Litigation No. 3010. In August 2021, the Judicial Panel on Multidistrict Litigation consolidated more than two dozen antitrust cases against Google for pretrial proceedings into a single MDL. Google’s request should be denied because it “subverts the unambiguous intent” behind DOJ’s statutory exemption from MDL consolidation, said U.S. Attorney Jessica Aber and Virginia Attorney General Jason Miyares (R). Though coordinating the case with the MDL “may provide some efficiencies, Congress made the decision to subordinate any such efficiencies in favor of providing the United States, and now state attorneys general, the ability to vindicate antitrust matters expeditiously, and in their chosen forum,” they said. Despite related claims and facts, “Congress’ declared policy” of expeditious governmental enforcement of the antitrust laws supports keeping this case in this District, unencumbered by inclusion in an MDL or coordination with private actions.”