April 10 (Reuters) - Texas and other states suing Google
over its digital ads practices should be barred from questioning
top executives including CEO Sundar Pichai and co-founder Sergey
Brin, attorneys for the Alphabet unit told a U.S.
judge on Tuesday.
Google argued in a filing in Plano, Texas, federal court
that Pichai and Brin, now a member of the tech giant's board,
have no unique and relevant personal information to share in the
states' lawsuit accusing Google of illegally monopolizing
critical parts of the online advertising market.
Tuesday's filing also asked U.S. District Judge Sean Jordan
to block Texas from deposing YouTube CEO Neal Mohan, who was
questioned previously as part of an investigation by the state
and U.S. Justice Department, which sued Google in a related
lawsuit last year in Virginia federal court.
Companies often battle in court over demands to force
high-ranking executives to sit for hours fielding questions
about core business practices.
Plaintiffs can face a high bar to secure such depositions,
which are part of the pretrial fact-gathering stage of a court
case.
Google declined to comment, and attorneys for Texas did not
immediately respond to a request for comment.
Google has denied violating U.S. antitrust law and the
company's bid to dismiss the states' 2021 lawsuit is pending.
The plaintiffs in their request to depose Pichai and Brin
said they have information about Google's acquisition in 2008 of
DoubleClick, which the states have called "the leading provider
of the ad server tools" that media publishers and others use to
sell display advertising inventory.
Google countered that neither Brin nor Pichai were
"intimately involved in the DoubleClick acquisition or the
subsequent product development at issue in this case." Google
said many other witnesses have more knowledge about how Google
integrated DoubleClick.
YouTube's Mohan already has faced 14 hours of questioning,
Google told the court, and should not be subjected to the "undue
burden he would experience sitting for a deposition for a third
time."
Google faces a number of other government and private
antitrust lawsuits over various business practices, including
its app store Play.
Trial in the Texas lawsuit is set for next March, and Google
is preparing for a September trial in the Justice Department's
digital ads case in Virginia.
The case is State of Texas et al v. Google LLC, U.S.
District Court for the Eastern District of Texas, No.
4:20-cv-00957-SDJ.
For plaintiffs: W. Mark Lanier of The Lanier Law Firm; and
Ashley Keller of Keller Postman
For defendant: R. Paul Yetter of Yetter Coleman; Eric Mahr
of Freshfields Bruckhaus Deringer; and Daniel Bitton of Axinn
Veltrop & Harkrider
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