How a $2,289,751 cashier's cheque saved Google from a big ad tech case going to jury

Google successfully avoided a jury trial in its ongoing antitrust case by delivering a $2,289,751 cashier's cheque (a cashier’s cheque is drawn against the bank’s account, making it responsible for payment) to the US Department of Justice . The case, brought by the DOJ and 18 states, alleges that Google operates a monopoly in the digital advertising market.

Google courier hand-delivered the cheque to the DOJ, covering damages for one of the claims in the lawsuit. This strategic move ensured the case would be decided by a judge rather than a jury.

"Rather than require the court to wade into DOJ's uncharted and unwarranted demand for a jury trial, and to prevent the waste of resources that would result from defending against a damages claim worth far less than a fraction of the cost of litigation, Google has tendered the United States payment of the full amount of damages it seeks, trebled, plus prejudgment interest," Google's lawyers stated.

Google’s ad tech monopoly case to be decided by the US District Judge
US District Judge Leonie Brinkema ruled in favour of Google, noting that the amount came from calculations by the DOJ's own experts. "It's an absolute 'here's the money,'" Brinkema said. "If they could have given you a wheelbarrow of cash, it would be the same thing."

The DOJ had sought a jury trial, arguing that damages should be calculated differently. However, Google's payment made the issue "moot" and allowed the company to "streamline" the rest of the litigation.

The antitrust trial, which began on Monday and is expected to last another month, accuses Google of "illegally crushing rivals and trapping clients in its ecosystem to drive up prices for everyone." Google denies these allegations, stating that the DOJ has overstated the company's power in digital advertising.

If Judge Brinkema decides Google is an illegal monopoly, it could force the company to break itself up. This case is separate from another recent antitrust trial where the Judge Mehta found Google illegally monopolised the search market.

A Google representative stated, "We're glad the Court ruled that this case will be tried by a judge."