Pretrial Update, September 4, 2024: Final pre-trial hearing a continued good sign for public access. Sorry, Google.

Today marked the final pre-trial hearing ahead of the kick-off of the trial next Monday, September 9th.  The hearing included Motions in Limine, Motions to Quash, and various logistical matters.

Highlights are outlined below, and overall are a positive sign for public access and transparency.

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Motions:

1. The DOJ’s Motion in Limine to bar Google’s use of evidence or argument about antitrust enforcers' prior review of Google's acquisitions of DoubleClick and AdMeld, granted. Judge Brinkema denied the DOJ’s requests to exclude argument or evidence related to (1) Google’s market definition arguments that conflict with their prior positions, and (2) the Advertiser Perceptions survey. Judge Brinkema reportedly did note, however, that even Google employees doubted reliability of this survey.
2. Google’s Motion in Limine to exclude “lay opinions” of several “market participants” was denied. As a result, the industry executives Google attempted to keep off the stand will be allowed to testify fully.
3. The Motions to Quash live testimony filed by ex Googlers (Xooglers) have been denied. Four of the six will need to appear in person: Scott Spencer, Brad Bender, Chris LaSala, and Rahul Srinivasan. For the other two, Sam Cox and Eisar Lipkovitz, depositions will be used.
4. Video depositions will not be shared with the public as video, per court rules. Transcript excerpts will be shared, but full deposition transcripts will not be shared at end of trial.
5. Exhibits will be admitted to evidence as they are presented to each witness, or after they testify, as applicable - not at the end of trial. Sorry, Google.
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Logistics

1. Three rows reserved for “credentialed press” - with information on credential process to follow shortly.
2. Expect trial to run 9a-5:50pm M-Th and then 9:30a-5:50pm on Fridays with a few noted exceptions.

We have incorporated these updates into our Logistics page in the Trial Resource Hub, and will update it with the credential process once posted.