MDL Judge OKs Amended Digital Ad Antitrust Complaint, Over Google’s Opposition

U.S. District Judge Kevin Castel for Southern New York signed an order Thursday (docket 1:21-md-03010) granting plaintiff Inform leave to file within 21 days an amended complaint in the massive digital ad tech antitrust multidistrict litigation against Google consolidated under the judge. The Judicial Panel on Multidistrict Litigation transferred Inform’s action for inclusion in Castel’s MDL on Feb. 23. It had been pending in the Northern District of Georgia to which the 11th U.S. Circuit Appeals Court had remanded it. Inform sought leave to conform its complaint to Castel’s earlier rulings in the MDL. Google opposed Inform’s application as untimely, a waste of time and futile (see 2304110019), but Castel disagreed. Google’s “futility argument” was premised on its assertion that Inform lacks standing, said the judge. But the 11th Circuit ruled Inform “adequately alleged” Article III standing and antitrust standing, said the judge. Inform “acted in a reasonably timely manner following remand” by the 11th Circuit, said the judge’s order. “Any defect in the pleading may be raised on a motion to dismiss.” The court “accepts good faith representation” that Inform intends to conform its pleading to the court's previous rulings, said the order. “Any new or additional theories of liability should be highlighted in a marked copy of the pleading also filed within 21 days,” it said. Google may file a pre-motion letter in support of a motion to dismiss 21 days after the filing of Inform’s amended pleading, it said. Inform will respond to the pre-motion letter seven days later.