Jan 17 (Reuters) - Google has failed to persuade a judge
in California to throw out a lawsuit accusing the technology
giant of monopolizing the online search market.
San Francisco-based U.S. District Judge Rita Lin in a ruling
on Thursday said consumers can proceed for now with allegations
that the Alphabet unit's business practices hampered
the development of high-quality rival search engines.
The lawsuit filed in 2022, accused Google of unlawfully
scheming with Apple ( AAPL ) to make Google the exclusive
preloaded default search engine on the iPhone maker's devices.
Lin dismissed other claims in the lawsuit related to
Google's text advertising and said the plaintiffs could not
include Google chief executive Sundar Pichai and the Alphabet
unit's former chief Eric Schmidt as defendants.
Google and attorneys for the 26 consumers who filed the
lawsuit did not immediately respond to requests for comment.
Google has denied any wrongdoing. Apple ( AAPL ) is not a defendant.
Lin's latest ruling comes after the plaintiffs amended their
complaint following a ruling in August against Google by a
federal judge in Washington, D.C.
In that decision, U.S. District Judge Amit Mehta found that
Google's exclusive contracts with Apple ( AAPL ) and other companies
helped it create an illegal monopoly over search engines.
Google countered that the D.C. judge's order, which the
company is fighting, does not help the consumer plaintiffs in
the California case. Google said the consumers' lawsuit rested
on unfounded allegations.
Lin said the plaintiffs had shown enough detail to contend
that Google's exclusive contracts for default status have hurt
market competition.
At this stage in the case, Lin wrote, the consumers' claims
support their conclusion that in a more competitive market
"viable search alternatives would have emerged that offer
greater privacy protections or are less clogged with ads."
Lin set the next hearing in the case for Feb. 12.
The case is Arcell v. Google LLC, U.S. District Court,
Northern District of California, No. 22-cv-02499-RFL.
For plaintiffs: Joseph Alioto of Alioto Law Firm, and
Lawrence Papale of Law Office of Lawrence Papale
For Google: John Schmidtlein and Carol Pruski of Williams &
Connolly
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