Page:United States v Google 20240805.pdf/10

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Case 1:20-cv-03010-APM
Document 1033
Filed 08/05/24
Page 10 of 286

in all proposed markets. Id. ¶¶ 144–167. Plaintiff States similarly sought declaratory and injunctive relief. Id. ¶ 233.

On January 7, 2021, upon Plaintiff States’ motion, the court consolidated the two cases for pretrial purposes, including discovery. Order, Colorado v. Google Docket, ECF No. 67. The court subsequently consolidated the cases for trial as well. See Status Conf. Tr., ECF No. 609, at 10–14. The parties also jointly asked to bifurcate the liability and remedies phases, and the court agreed to do so. See Order, ECF No. 264.

Discovery closed on February 23, 2023. Soon after, U.S. Plaintiffs moved for sanctions under Rule 37(e) for Google’s failure to preserve relevant chat messages among its employees. Pls.’ Mot. for Sanctions, ECF No. 512. The court deferred ruling on the motion pending the presentation of evidence relevant to that issue at trial. Order, ECF No. 610, at 2.

Google also moved for summary judgment in both cases. See ECF Nos. 451, 452. The court granted in part and denied in part Google’s motions. It entered judgment for Google as to U.S. Plaintiffs’ claims related to Android Compatibility Commitments and Anti-Fragmentation Agreements, Google’s voice-activated assistant and other “Internet-of-Things” devices, and the Android Open-Source Project. See United States v. Google LLC, 687 F. Supp. 3d 48, 78–84, 85–87 (D.D.C. 2023). It also entered judgment in favor of Google on Plaintiff States’ theory that Google’s targeting of SVPs caused anticompetitive effects in the proposed markets. Id. at 78–83. The court permitted the remaining claims to proceed to trial.

Trial commenced on September 12, 2023. Both sides presented exhaustive evidence in support of their various claims and defenses. Dozens of witnesses, including numerous Google employees, third-party witnesses, and several experts, testified live and were subject to lengthy

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