Google Pays $2.3 Million for Trial by Judge, Not Jury, in US Antitrust Case

(Bloomberg) — A federal judge ruled that Alphabet Inc. will face a bench trial instead of a jury in the US Justice Department’s antitrust case alleging monopolization of the advertising technology market after the company paid the federal government $2.3 million.

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Judge Leonie Brinkema said the cashier’s check for $2,289,751 satisfied any damages that eight federal government agencies alleged they suffered from Google’s conduct. Because the damages are no longer part of the case, Brinkema ruled a jury is no longer needed and she will oversee the trial, set to begin in September.

“I am satisfied that the cashier’s check satisfies any damages claim,” Brinkema said after a spirited hearing Friday. “A fair reading of the expert reports does not support” a higher amount.

The Justice Department sued Google in 2023, alleging the company monopolized the technology used to buy and sell online advertising. In a surprising move, antitrust enforcers sought a jury trial, arguing that the federal government was overcharged for the ads it bought online between 2019 and 2023. Most antitrust cases are heard by a judge instead of a jury.

Earlier: Google Faces Rare Jury Trial in DOJ Bet on Public’s Tech Unease

Google charges a 20% fee for use of its advertising technology products, which are used to buy, sell and service display and video ads online. The government argued those fees would be lower if the company hadn’t illegally monopolized the market. Experts in the case estimated that Google’s conduct led federal government agencies to overpay $750,000.

Last month, Google presented to the Justice Department a cashier’s check for $2.3 million – triple the amount of the damages plus interest, the maximum amount that the agencies would be able to recover at trial. The company then asked the court to strike the jury request. The Justice Department argued the $2.3 million check was too low and the agencies were entitled to more money.

The ad tech case is the third antitrust suit Google faces. The Justice Department separately sued the tech giant for monopolizing the search market in a case that went to trial last year. A federal judge has yet to issue a ruling in that case, though his decision is expected later this year.

For more: Google Takes Questions Over Ads as US Trial Comes to a Close

A California jury in December found that Google illegally monopolized the Android app distribution market. A federal judge hasn’t yet determined the remedy in that case.

The Justice Department’s “contrived damages claim has disintegrated,” Peter Schottenfels, a Google spokesperson, said in a statement. “As we’ve said, this case is a meritless attempt to pick winners and losers in a highly competitive industry that has contributed to overwhelming economic growth for businesses of all sizes. We look forward to making our case in court.”

–With assistance from Emily Birnbaum.

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