Google’s $20 billion per year search deal with Apple was ruled last summer to violate antitrust law. Though Apple isn’t a defendant in the case, its outcome could have a big impact on the company. As a result, Apple has just asked for a stay on proceedings.
New filing shows Apple’s desire to get involved with proceedings
Earlier this week, Apple was denied a motion to present witnesses at the upcoming Google trial.
Apple itself is not accused of wrongdoing in the case, but back when it first made the motion, the company explained: “Google can no longer adequately represent Apple’s interests: Google must now defend against a broad effort to break up its business units.”
In other words, even though Apple isn’t formally involved in the case, it knows that Google has to focus on its own defense interests, so Apple wants the chance to represent itself.
Since its motion was just denied, Apple has followed up with another option: requesting a stay on proceedings to “protect its rights pending appeal.”
Absent a stay, Apple will suffer irreparable harm: the deprivation of its right to participate as a party in the remedial phase of this case moving forward, including possibly at the trial itself, while its undisputed property rights are adjudicated. These harms are magnified by a position Plaintiffs revealed in a recent meet-and-confer with Apple.
The full document cites that courts “have commonly granted stays pending appeal of orders denying intervention,” and thus Apple believes this court should do the same.
If Apple isn’t able to participate as desired, it has another ask instead:
In the alternative, the Court should at minimum afford Apple full access to the record as a nonparty until the D.C. Circuit rules.
One way or another, Apple believes its participation in court proceedings—to some degree or another—will be necessary to avoid having to “suffer irreparable harm.”
Do you think Apple should be able to participate in Google’s case? Why or why not? Let us know in the comments.
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