Apple hits back at judge with demand for Google search dominance trial delay

Having been denied full inclusion at the forthcoming trial to determine Google's future, Apple has filed a motion to delay the whole proceedings.

It was formally and legally decided in August 2024 that Google and its Alphabet parent company, represent a search and advertising monopoly. What Apple wants and has previously been denied, is a seat at a trial determining what steps Google must take next.

Apple had asked to be a participant in this remedy trial specifically because of its annual $20 billion contract with Google. But it asked by filing a motion on December 23, 2024, and Judge Amit Mehta has ruled Apple's motion was simply too late.

The key part of Apple's full new court filing is that Judge Mehta was wrong. "Apple moved to intervene promptly once it became clear its interests were no longer adequately protected," says the filing.

Where Judge Mehta had said Apple should have known from the start of the case in 2020 that its contractual rights could be affected. Apple says no, it couldn't have known this until the Plaintiffs in the case — the Department of Justice (DOJ) — proposed forbidding any contract between Google and Apple.

Judge Mehta had said that Apple would be allowed to submit its position and opinion in briefing documents. However, according to Apple, that's not enough — and DOJ is trying to stop even this.

"Plaintiffs [have] informed Apple that they intend to contest this Court's intervention order," said Apple, "to the extent it permits Apple to submit up to 'two affidavits from fact witnesses.'"

Consequently, Apple says that being shut out of deliberations that would see its Google contract being terminated, means the company "will suffer clear and substantial irreparable harm." It would affect "millions of users and Apple's entitlement to compensation for distributing Google search to its users [on iPhone]."

Judge Mehta's argument included how allowing Apple to participate at what he says is too late a stage, would allow other parties to request the same access. The judge is working to conclude the case by August 2025, and such additional contributions would delay it.

What happens next

Apple's filing repeatedly acknowledges the timescale issue, but says it's because of this that it must be allowed to be included. Apple also outlined that for speed, it will file a similar motion for a delay with the DC Circuit, though it will withdraw that if Judge Mehta's court agrees to a stay.

Beyond that, it is also calling for "expedited consideration of this motion." Specifically, Apple hopes that the Court "can resolve this motion as early as February 4, 2025."

Should Apple's motion be denied by the court, its motion to the DC Circuit will continue and there is no clear schedule for the hearing on that.