In a pair of reply briefs filed earlier this week, defendants Alphabet and Google stated that the enterprise plaintiffs alleging unfair practices, together with monopoly, tying, and unique dealing, are advancing meritless claims. In a single reply, the tech titan seeks dismissal of all of the state and federal antitrust claims, and in its movement to strike reply asks for elimination of the category allegations as invalid.
The grievance, filed in April, asserts that “Google has pressured customers of its digital-mapping merchandise—providers which have change into ubiquitous via speedy and competitively shut acquisitions—right into a bundle of providers. Then, as soon as locked in, Google ratchets up the associated fee on its maps merchandise.” The plaintiffs are companies that use Google mapping providers, together with utility programming interfaces (APIs), to show or use maps or maps-related info on their web sites or cell functions.
They declare that Google makes use of its contractual phrases to drive companies to buy providers they might not and dually, makes use of its market energy within the digital mapping market to cost greater costs for these providers. “Direct victims of those alleged anticompetitive schemes are … those that have bought Maps APIs, Routes APIs, or Locations APIs, or had their free credit offered by Google used up extra quickly due to Maps APIs, Routes APIs, or Locations APIs,” the submitting says.
Their grievance states 5 causes of motion underneath the Sherman Act, the Clayton Act, and California’s Unfair Competitors Regulation.
Google’s dismissal bids knocked the plaintiffs’ “scattershot” grievance as “missing any believable anticompetitive conduct.” The reply transient stated the plaintiffs’ additionally fail to aver a legitimate related product market or that Google has market energy in that market.
As to its movement to strike, Google contended that the alleged class contains individuals who couldn’t have suffered a cognizable damage as a result of they bought nothing from Google in any respect. The corporate added that so as to establish sure class members, and in violation of sophistication motion necessities, their claims would have to be resolved on the deserves first.
The dismissal listening to is scheduled for September 30 earlier than Decide Jeffrey S. White.
The plaintiffs and putative class are represented by ESQGo PC, Nematzadeh PLLC, and Balestriere Fariello and Google by Jones Day.