Google Opposes DOJ's Motion to Compel Production of More Documents in Antitrust Case

Though fact discovery has ended in DOJ's Eastern Virginia antitrust case against Google, DOJ “demanded that, within three business days, Google produce all hyperlinked documents contained in 299 documents that Google’s experts cited in their expert reports or identify where those hyperlinks were previously produced,” said Google’s memorandum of law Wednesday (docket 1:23-cv-00108) in U.S. District Court in Alexandria in opposition. DOJ seeks to compel Google to produce all data and information referred to or relied on by its testifying experts. When Google wouldn't do so, DOJ moved to compel production, arguing that the expert stipulation and electronically stored information (ESI) order require it. “They do not,” said the memorandum. The expert stipulation requires production of only those materials that experts actually referred to or relied on, and Google’s experts did not refer to or rely on the hyperlinks that the DOJ seeks, it said. The ESI order doesn’t extend Google’s obligations “past the long-closed period for fact discovery,” and DOJ’s demands exceed the “reasonable and proportionate” requests that were authorized during fact discovery, “especially because they received all of the 299 documents months or years ago,” Google said. "Plaintiffs view their motion as a dress rehearsal for a long-running engagement," said the memorandum requesting that the court "make clear that this show must not go on." Fact discovery is closed, and "Google should have no obligation to produce any documents in this case over and above the six million that Plaintiffs have already received," it said. The Jan. 24, 2023, antitrust suit brought by DOJ and eight states alleges Google monopolized key technologies that make digital advertising possible. DOJ asserts Google’s “anticompetitive conduct” thwarted competition and “stifled innovation” in digital display advertising technology for 15 years.