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    What’s happening in the Google antitrust trial? It’s kind of a black box.

    enSeptember 26, 2023
    What are the monopolistic practices alleged against Google?
    How has the judge responded to confidential documents in the trial?
    Why is public access to information important in antitrust cases?
    What precedent did the Microsoft antitrust case set for tech companies?
    Which other tech companies are facing antitrust investigations?

    Podcast Summary

    • Google's antitrust trial: Confidential contracts and hidden information under scrutinyThe ongoing antitrust trial against Google highlights the importance of confidential contracts and hidden information in monopolistic practices, with Google's alleged exclusive deals with Apple and Samsung under investigation.

      Key takeaway from the ongoing antitrust trial between the Department of Justice and Google is the significance of hidden information and confidential contracts in the case. Google's alleged monopolistic practices, which include exclusive contracts with browser companies and phone makers like Apple and Samsung, are the focus of the case. However, these contracts and related documents have been shielded from public view due to concerns over trade secrets and corporate information. The judge in the case, Amit Mehta, has been sympathetic to these concerns, leading to numerous redactions on documents. The Department of Justice has made these exhibits available to reporters and the public after they are introduced in court, but the judge has expressed concern over this practice and has asked for prior notification. The complexity of the case, with its emphasis on confidential information, has made coverage challenging for reporters.

    • Negotiating the Release of Sensitive DocumentsJudges must balance public access to information with individual privacy concerns during document releases in legal proceedings.

      Transparency in legal proceedings is crucial, and the process for releasing documents to the public, especially those with sensitive information, requires careful consideration. In a recent case, Google and the justice department are negotiating the release of documents, with Google advocating for redactions to protect individuals' privacy. The judge has expressed concern over the lack of communication regarding the release of these documents and has ordered their removal. As a journalist, requesting access to these documents for public scrutiny was an unusual experience, but a necessary one to ensure accountability and transparency in the legal system. The ongoing negotiations highlight the importance of balancing public access to information with individual privacy concerns.

    • Less transparency in Google antitrust case compared to Microsoft'sThe Google antitrust case lacks the transparency of the Microsoft case due to sealed testimony and limited access to publicly filed exhibits

      The ongoing antitrust case against Google is currently experiencing less transparency compared to the Microsoft antitrust case from 20 years ago. The Microsoft case, which was a landmark moment in antitrust history, had extensive media coverage and even aired Bill Gates' deposition publicly. In contrast, the Google case has seen more sealed testimony than open, making it challenging for reporters to fully cover the proceedings. The judge has not allowed lawyers for affected parties, like Bloomberg, to formally discuss access to publicly filed exhibits. These factors combined have resulted in less public access to the case's details compared to the Microsoft case.

    • Microsoft Antitrust Case: Importance of Transparency in Legal ProceedingsThe Microsoft antitrust case highlighted the significance of transparency in legal proceedings, particularly for tech companies, and set a precedent for the importance of openness in shaping public opinion and influencing business practices.

      The Microsoft antitrust case in the late 1990s, which saw intense media coverage and public interest, highlighted the importance of transparency in legal proceedings, particularly those involving major tech companies. The case, which is still relevant today due to ongoing litigation against Silicon Valley companies, underscores how public access to information can help shape public opinion and potentially influence business practices. The Microsoft case set a precedent for the importance of openness in legal proceedings and serves as a reminder that the tech industry's growth and expansion are subject to legal scrutiny. Recent developments, such as Apple's response to the lawsuit, suggest that companies may already be adjusting their strategies in response.

    • Ongoing Antitrust Cases Against Tech CompaniesGoogle's antitrust trial is the first among several ongoing cases against tech giants like Facebook, Amazon, and Apple. The FTC's case against Facebook is still pending, while investigations into Amazon and Apple have been ongoing since 2019. These cases could set important legal precedents in the tech industry.

      There are several ongoing antitrust cases against tech companies, including Google, Facebook, Amazon, and Apple. The case against Google is the first to go to trial, but there are others waiting in the wings. The Federal Trade Commission has a case against Facebook still pending, and investigations into Amazon and Apple have been ongoing since 2019. These cases are expected to set important legal precedents in the tech industry, and it will be interesting to see how they unfold. If you want to stay updated on the latest developments, you can follow Leah Nilan, an antitrust reporter for Bloomberg, on Twitter. We've also linked to a live blog from The Verge and a recent Bloomberg article by Leah on our website, marketplace tech dot org. The article discusses Google's efforts to keep documents related to the case out of the public eye. For something a bit lighter, check out Million Bazillion, a podcast from Marketplace that explains complex financial concepts to kids. Each episode tackles a different question, like "What is a college account and how does it work?" or "Why does the US have so much gold in Fort Knox and what do they use it for?" It's a great way to help your kids understand how money fits into the world around us. Listen to Million Bazillion wherever you get your podcasts.

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