Friday night KA-boom. In adtech antitrust lawsuit against Google, court has ordered the state AGs may depose Google co-founder Sergey Brin and CEO Sundar Pichai. Huge. /1
So the two cited reasons Pichai will be deposed (although not all of them) are incredibly sensitive. 1), “Jedi Blue,” the alleged collusion with Facebook that everyone wrongly wrote off back earlier in this lawsuit. Google CEO Pichai met directly with Facebook CEO Zuckerberg. /2
A reminder the Google and Facebook deal (aka the “NBA” or “Jedi Blue”) is also in a private antitrust suit against Facebook. The deal was signed by the lieutenants of the CEOs (Sheryl Sandberg for Facebook). /3
Also cited to depose Sundar Pichai 2) the alleged destroying of evidence by turning off Google Chat by default even during a records hold. Google has been scorched in two other antitrust lawsuits where a Court in one ordered jury to assume Google’s intent was nefarious. /4
So what you have here is the ceo of Google being deposed under oath imminently for allegations of collusion and bid rigging with Facebook and destruction of evidence while under a records hold from state AGs lawsuit. Not a small deal. /5
As far as the deposition of the co-founder of Google, Brin, it’s all about the acquisition of DoubleClick including his strong objection to the deal a few years earlier and then suddenly a “shift of position” to block Microsoft from getting the deal. /6
Google has not met its burden…prohibiting the depositions of Mr. Brin and Mr. Pichai... Under controlling law, such an order could be entered only under ‘extraordinary circumstances’ because both witnesses have information relevant to this case.” /7
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