AUSTIN - Yesterday, Google filed a reply in support of a motion seeking to dismiss claims in an antitrust case brought by several states, asserting that claims made by the attorneys general are doomed to fail.
Attorney General Ken Paxton leads a coalition of seventeen states challenging Google’s alleged abuse of its monopoly power in online advertising.
Court records show Google filed a second motion to dismiss on Jan. 16, arguing that the states’ fifth attempt at state-law deceptive trade practices claims should be dismissed, court records show.
The states filed a motion to strike on Jan. 19, arguing that Google’s motion is barred under the federal rules, violates the local rule page limits, and was not contemplated under the court’s scheduling order.
In its reply in support of the motion, Google asserts the AGs’ “attempt to lower their pleading bar belies the weakness of their claims.”
“Essentially, they contend that because they are attorneys general, they need not articulate anything more than a generalized dislike of Google’s conduct,” the reply states. “They also insist that they do not need to specifically identify any deceptive acts, asserting instead that ad hominem (at the person) attacks are enough.”
Google argues that even AGs need to allege material false statements or omissions.
“Plaintiffs’ inability to point to any actual, false, Google statements dooms their claims,” the reply states. “Fundamentally, Plaintiffs cannot state claims that Google misled anyone without explaining what Google said and why it was misleading. After years of discovery, their FAC (fifth amended complaint), and now their opposition brief, fail to do so.
“The DTPA claims should be dismissed.”
In its first motion to dismiss, Google asserted that the state plaintiffs are responding to the company’s success by seeking to compel it to share with its competitors “the fruits of its investments and innovation.”
Originally filed in Texas, the Second Circuit transferred the case from New York back to Texas in October, finding that Google did not demonstrate “exceptional circumstances” that would warrant keeping the case in New York.
The case is set for trial on March 31, 2025. The trial is expected to last for four weeks.
Eastern District of Texas case No. 4:20-CV-957-SDJ