Last summer, a court determined that Google’s $20 billion annual search agreement with Apple breaches antitrust regulations. While Apple is not a party to this lawsuit, the outcome could significantly affect the company. Consequently, Apple has formally requested a stay on the proceedings.
Recent filing reveals Apple’s intent to engage in the proceedings
This week, Apple’s motion to present witnesses at the forthcoming Google trial was rejected.
Despite not being accused of any misconduct in this case, Apple previously stated: “Google can no longer sufficiently advocate for Apple’s interests: it must now concentrate on defending against a broad initiative to dismantle its business divisions.”
In essence, although Apple isn’t formally tied to the case, it recognizes that Google’s primary focus will be on its own defense, thus seeking the opportunity to represent its interests directly.
Following the denial of its initial motion, Apple has opted for an alternative approach: requesting a stay on proceedings to “safeguard its rights while awaiting an appeal.”
The latest filing asserts:
Without a stay, Apple will endure irreparable damage: the loss of its opportunity to engage as a party in the remedial stage of this case going forward, possibly including at the trial itself, while its undisputed property rights are evaluated. These damages are exacerbated by a stance the Plaintiffs shared in a recent meeting with Apple.
The comprehensive document mentions that courts “often grant stays pending appeal of orders denying intervention,” leading Apple to believe this court ought to do the same.
If Apple cannot take part as it wishes, it has another request:
Alternatively, the Court should at least grant Apple full access to the records as a non-party until the D.C. Circuit reaches its decision.
Ultimately, Apple maintains that its involvement in the court proceedings—at some level—is essential to prevent “irreparable damage.”
What’s your perspective? Should Apple be allowed to take part in the Google case? Why or why not? Share your thoughts in the comments.
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