Judge in Google Antitrust Case Weighs How to Protect Business Secrets
02 Dezembro 2020 - 6:54PM
Dow Jones News
By Brent Kendall
WASHINGTON -- The federal judge overseeing the Justice
Department's antitrust case against Google said the two sides need
to do more work in crafting rules about who will have access to
sensitive information provided to the federal government by other
companies.
The parties need to sort out the issue before they begin
preparing for litigation.
U.S. District Judge Amit Mehta said in a hearing Wednesday that
the Justice Department's preferred approach was too restrictive and
could improperly disadvantage Google by limiting access to material
it needs to prepare its defense.
Judge Mehta said there were potential due-process concerns with
the government suing a corporation and then telling that
corporation that none of its in-house legal counsel could view some
of the material in the case.
The judge said it likely wasn't sufficient to allow access only
to the outside lawyers representing Google.
At the same time, the judge said he recognized that third-party
companies did provide some truly sensitive business information
during the Justice Department's investigation that Google officials
shouldn't see.
Lawyer Richard Parker, speaking on behalf of eight companies,
including AT&T Inc., Amazon.com Inc., Microsoft Corp. and
Oracle Corp., said those firms disclosed to the department their
future plans to compete against, or negotiate with, Google.
Disclosing that information to Google employees would cause serious
harm, he said.
"They are highly sensitive documents," Mr. Parker said. "They
are the playbook."
The judge said he understood, but was worried about too much
material being labeled as confidential when some of it actually
wasn't that sensitive.
Judge Mehta asked for a more refined proposal on the issue from
the government and Google by Dec. 14. He will hold another hearing
on Dec. 18 to set out an initial schedule for the case.
The Justice Department sued Google, a unit of Alphabet Inc., in
October, alleging the company uses anticompetitive tactics to
preserve a monopoly for its flagship search engine and related
advertising business. The company denies the allegations.
Write to Brent Kendall at brent.kendall@wsj.com
(END) Dow Jones Newswires
December 02, 2020 16:39 ET (21:39 GMT)
Copyright (c) 2020 Dow Jones & Company, Inc.
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