📄 A status report was just filed in the DOJ v Google search remedies proceedings.
The proceedings are scheduled to begin April 22nd and last 9 days, but unsurprisingly, there may be an extension.
One area of dispute is requests relating to how data access decisions are made at G. The DOJ argues that the privacy policies themselves are insufficient and that it needs documents related to how they are implemented.
Google described these subsequent requests related to all decisions made by its privacy working groups as a "fishing expedition."
Another interesting area of contention relates to Google seeking information about the 3rd parties with whom the DOJ conferred when determining their final remedy proposal.
The DOJ argues that no 3rd party was involved in the crafting of the remedy proposals and that they undertook good faith discussions with various parties to collect relevant information.
G counters this by noting that while it has been made aware of the 3rd parties who are intending to benefit from the remedies, they haven't been made aware of how. Such conversations occurred orally, and a lack of a paper trail leaves a deposition as the only option.
G contends that the remedy proposals greatly depart from the trial and its focus on search distribution agreements- now calling for the divestiture of Chrome and Android and targeting other product areas. This departure calls for testimony explaining the intended implementation
The parties butt heads on whether this testimony is appropriate coming from an attorney.
The DOJ initially said the remedy proceedings would last a week, and the court set aside 9 days in Sept before the actual remedies were revealed. Given the broad scope of remedies that are being pursued, G is requesting more time, while the DOJ argues this causes needless delay.
Vidushi Dyall
@vidushi_law_1
@progresschamber Breaking down key developments in important tech cases you should be following. Tech policy, cybersecurity, competition. Fordham Law alum.