Monday's decision by U.S. District Judge James Donato in San
Francisco could significantly reduce damages that Google, a unit
of Alphabet, might owe over the distribution of Android mobile
applications.
Consumers claimed they would have paid less for apps and enjoyed
expanded choice but for Google's alleged monopoly. Google has
denied wrongdoing.
Donato said his Nov. 2022 class certification order should be
thrown out because his decision, also announced Monday, not to
let an economist testify as an expert witness for the consumers
eliminated an "essential element" of their argument for
certification.
The judge said he couldn't decertify the class immediately
because Google had been appealing his November order. He
directed lawyers for Google and the consumers to try resolving
that issue before a Sept. 7 hearing.
The class action included consumers from 12 U.S. states and five
territories, who were not part of a similar case against Google
brought by various state attorneys general.
Class actions let plaintiffs sue as a group, and potentially
obtain larger recoveries at lower cost than if they were forced
to sue individually.
Lawyers for the consumers did not immediately respond to
requests for comment. Google and its lawyers did not immediately
respond to similar requests.
The case is part of wide-ranging antitrust litigation that
includes 38 states and the District of Columbia, and companies
including Epic Games and Match Group.
The case is In re Google Play Store Antitrust Litigation, U.S.
District Court, Northern District of California, No.
21-md-02981.
(Reporting by Jonathan Stempel in New York and Mike Scarcella in
Silver Spring, Md.; Editing by Shri Navaratnam)
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