State of Texas v. Google, LLC

Summary

Texas, along with nine other states, filed a lawsuit against Google over allegations that the company, in collaboration with Facebook, abused its monopoly over the digital ad markets to overcharge publishers for ads and win ad auctions even over higher bidders. The suit claims that Google established its market dominance through antitrust and consumer protection violations rather than innovation, and as a result of its deceptive bidding practices and misrepresentations, it redirected ad dollars away from publishers and onto American consumers. The coalition of states is suing for damages and seeking “structural relief.”

Updates

March 16, 2021. In an amended complaint, the states’ alleged new information about “Jedi Blue” – an an arrangement between Google and Facebook, which advantaged Facebook in ad auctions and limited advertising market competition.

May 20, 2021. The Court rejected Google’s request to transfer the state’s antitrust lawsuit to California.

August 12, 2021. A federal judicial panel consolidated the case, and other cases across the U.S. brought against Google for monopolizing the digital advertising market, sending them to the Southern District of New York (Manhattan).

October 22, 2021. In an amended complaint, the States alleged that Google coordinated with competitors to protect its market share.

January 14, 2022. In an amended complaint, the States alleged that the two companies CEOs, Sundar Pichai (Google) and Mark Zuckerberg (Facebook), signed off on the illegal ad purchase agreement between the two companies.

September 13, 2022. The Court granted Google’s motion to dismiss States’ claims related to “Jedi Blue” agreement. However, it denies the company’s request to dismiss the other claims in the suit, allowing the case to move forward.

November 21, 2022. The court set a schedule for discovery.

June 5, 2023: A federal judicial panel sent the antitrust suit back to Texas.

October 4, 2023. The U.S. Court of Appeals for the Second Circuit denied a petition by Google to stop moving the case to Texas.

January 16, 2024. Google filed motions to dismiss under Rule 12(b)(6) and 12(b)(1).

February 2, 2024. District court judge granted plaintiff states' motion to strike Google's second motion to dismiss.

February 8, 2024. Google filed an amended motion to dismiss.

August 30, 2024. Court granted both parties' joint motion to bifurcate the proceedings, separating remedies from issues of liability and penalties.

October 17, 2024. Google filed another motion asking the court to further bifurcate the trial, separating the liability finding from the assessment of penalties, "to ensure the jury's decision on liability is not overwhelmed and Google is not unfairly prejudiced."

October 31, 2024. Texas filed a response in opposition to Google's motion to trifurcate the proceeding, claiming Google is "muddling the issues" in ways that would present "numerous line-drawing problems" and delay the case.

November 5, 2024. Google filed a reply in support of its motion in to bifurcate the trial under seal.

November 13, 2024. The court ordered that it will allow a supplemental brief on Google's motion for summary judgment once a ruling is issued in the United States v. Google LLC while pending in the US District Court for the Eastern District of Virginia.

December 1, 2024. Deadline for Google to file its motion to strike the jury.

December 23, 2024. Deadline for Texas to file an opposition brief.

January 10, 2025. Deadline for Google's reply brief.

Additional Resources

The State of Texas v Google, LLC (4:20-cv-00957) - CourtListener