The judge in charge of Google’s significant antitrust case has revealed previously undisclosed testimony from two crucial witnesses. This action may be his latest attempt to address concerns that the trial, which is a rare and significant event, has been excessively secretive.
After facing criticism from concerned advocates for antitrust measures due to a lack of public access, Judge Amit Mehta has ordered the release of significant portions of the testimonies given by DuckDuckGO CEO Gabriel Weinberg and Apple AI head John Giannandrea during the trial.
Judge Mehta meticulously reviewed the transcripts, taking into consideration redaction requests from the involved companies before deciding what should be made public. Additionally, partial transcripts from other notable witnesses, such as Apple services chief Eddy Cue, will also be disclosed, as disclosed by the judge.
This move by the judge to release more previously sealed testimonies is seen as a positive step, according to Joel Thayer, an attorney representing two nonprofit organizations that attempted, albeit unsuccessfully, to make all exhibits related to Google’s relationship with Apple accessible to the public.
“My desire is for the parties not to have any more chances to make additional redactions,” Thayer stated to The Post.
“In summary, I believe this adequately addresses our motion, but the extent of transparency we receive will depend on the level of discretion Judge Mehta grants to the parties opposing the Department of Justice’s public disclosure,” he added.
Throughout this week, the court has not conducted a single closed-door session. This marks a significant shift from the early days of the trial when important witnesses frequently disappeared from public view to discuss sensitive information, as reported in the Big Tech on Trial newsletter.
Attorneys from the Justice Department contend that Google pays over $10 billion annually to smartphone manufacturers and mobile service providers to ensure its search engine remains the default choice on most devices. According to federal authorities, this approach has unlawfully stifled competition and enabled Google to uphold a substantial 90% market share.
Google argues that the payments it makes to its partners are fair compensation, and customers opt for its search engine because it’s the top product in the market.
During the trial, Google’s legal team has worked hard to keep certain documents and testimonies confidential, claiming they contain sensitive information about internal operations and trade secrets.
In one instance, Google attempted to prevent the disclosure of a 2017 document in which Michael Roszak, the company’s finance vice president, stated that “search advertising is one of the world’s most exceptional business models ever created.” He further noted that only “illicit businesses (such as cigarettes or drugs) could rival these economics.”
The uncovered testimonies from DuckDuckGo’s Weinberg and Apple’s Giannanadrea revealed information that might have remained hidden from the public eye.
One such revelation came from Weinberg’s statement, where he mentioned that his team had numerous meetings and phone conversations with high-ranking Apple officials in 2018 and 2019. They discussed the possibility of setting DuckDuckGo’s privacy-oriented search engine as the default option for Apple’s Safari browser when in private mode, as reported by Bloomberg.
In February 2019, Giannandrea, who used to be Apple’s head of search, expressed reservations about the idea of using DuckDuckGo as Safari’s default search engine for private browsing.