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SOUTHEAST TEXAS RECORD

Sunday, May 19, 2024

Court permits Google to beef up motion to dismiss states’ antitrust case

Federal Court
Webp paxton

Paxton | OAG

AUSTIN - A federal court recently allowed Google to enter supplemental briefing in support of its motion to dismiss claims in an antitrust case brought by several states. 

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.

On April 14, Google filed an opposed motion for leave to file supplemental briefing. Two days later, the court ordered the states to respond.  

Court records show the states filed their response on April 19, asserting that all Google’s motion does is bring into focus its “persistent unwillingness to cede the last word.”

The court granted the motion on May 1, finding that there was good cause to do so. 

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.   

 

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.”   

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

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