
Apple has filed an emergency motion to stay the remedies trial in the Justice Department’s search monopolization case against Google. This move comes after the district court denied Apple’s request for a more direct role in the proceedings. While not formally part of the case, Apple’s influence is undeniable given the multi-billion dollar payments Google makes for default placement on iOS.
Judge Mehta previously ruled that Google engaged in illegal monopolization within the general search market. The remedies phase of the trial, set to begin in April, will determine how to address this. While Apple was offered the opportunity to submit post-hearing briefs, they argue this is insufficient. They believe their interests are not fully aligned with Google’s in this phase, especially considering the government’s proposals, which directly impact Apple’s existing agreements with Google.
Apple’s concern stems from the potential ramifications of the remedies. They argue that Google will understandably prioritize its own interests in deciding which arguments to emphasize. This could leave Apple’s specific concerns, like the lucrative default placement deals, unaddressed. Apple fears being just a spectator and that this position would prevent them from defending their right to agreements that benefit both users and Apple itself.
So, in that line of thinking, Apple is looking for a short delay for a fully developed record, including their unique insights. In their motion, Apple requests that if the stay is not granted, they should at least be granted access to discovery and depositions as a non-party while the Circuit Court considers their appeal. They also assert that without a stay, they will suffer irreparable harm. Obviously, this is still a case that is updating frequently, so we’ll post again with any updates as we await the remedies phase of the trial in April.
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