US court sanctions Google for deleting evidence in antitrust cases


FILE PHOTO: The logo of Google LLC is seen at a Google Store in New York City, U.S., January 20, 2023. REUTERS/Shannon Stapleton

(Reuters) - Alphabet Inc's Google LLC intentionally destroyed employee "chat" evidence in antitrust litigation in California and must pay sanctions and face a possible penalty at trial, a U.S. judge ruled on Tuesday.

U.S. District Judge James Donato in San Francisco said in his order that Google "fell strikingly short" in its duties to preserve records. The ruling is part of a multidistrict litigation that includes a consumer class action with as many as 21 million residents; 38 states and the District of Columbia; and companies including Epic Games Inc and Match Group LLC.

The consumers and other plaintiffs are challenging Google's alleged monopoly for distributing Android mobile applications, allegations that Google has denied. Plaintiffs have claimed aggregate damages of $4.7 billion.

The judge asked the plaintiffs' lawyers by April 21 to provide an amount in legal fees they are seeking as a sanction.

Separately, the plaintiffs will have a chance to urge Donato to tell jurors that Google destroyed information that was unfavorable to it. He said he wants to see "the state of play" at a later stage in the case.

"Google has tried to downplay the problem and displayed a dismissive attitude ill tuned to the gravity of its conduct," the judge said.

A Google spokesperson on Tuesday said the company has "produced over three million documents, including thousands of chats."

In a court filing last year, Google's lawyers said the company took "robust steps to preserve relevant chats."

Lawyers representing plaintiffs had no immediate comment.

The attorneys said they were seeking instant messaging communication "on topics at the core" of the litigation, according to their filings. The lawyers said Google was deleting chat records every 24 hours and "did so even after this litigation commenced."

The judge determined Google "left employees largely on their own to determine what Chat communications might be relevant" to the litigation.

The trial is scheduled to begin in November.

Google is separately fighting claims in a U.S. Justice Department antitrust case in Washington, D.C., federal court of destroyed chat records.

The case is In re Google Play Store Antitrust Litigation, U.S. District Court, Northern District of California, No. 3:21-md-02981-JD.

(Reporting by Mike Scarcella; editing by Leigh Jones and Marguerita Choy)

Subscribe now to our Premium Plan for an ad-free and unlimited reading experience!

   

Next In Tech News

Binance names Teng as head of regional markets outside US
Xiaomi to make wireless audio products in India
Reliance's JioCinema signs content streaming deal with NBC Universal
Stop paying in crypto, Bali governor warns foreign tourists
Computex 2023: Nvidia's ACE creates characters with evolving personalities for unique gaming experiences
AI means everyone can now be a programmer, Nvidia chief says
US govt tries to claw back money so Jan 6 rioters don’t profit from online appeals
Nvidia, MediaTek partner on connected car technology
China cracks down on over a million social media posts, accounts
Ex-employee in SG misappropriated over 25,000 defective iPhones from firm, causing over RM23mil loss

Others Also Read