Apple Asks Court To Halt DOJ Battle With Google

Arguing that it faces irreparable harm, Apple on Monday asked a federal appellate court to halt antitrust proceedings that could result in an order ending the company's long-standing search and revenue-sharing partnership with Google.

Apple says in an "emergency motion" filed with the D.C. Circuit Court of Appeals that unless the matter is stayed, the company won't be able to fully advocate against the Department of Justice's proposal to terminate the multi-billion dollar partnership.

“Only Apple can adequately defend its interests against plaintiffs’ sweeping proposal,” Apple argues, referring to the Justice Department. “And only Apple can provide information about how it would respond to plaintiffs’ requested remedy -- and why it would not enter the general search market even if plaintiffs’ proposal were adopted.”

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Apple's motion comes in an antitrust fight dating to 2020, when the Justice Department and a coalition of states alleged that Google illegally monopolized search.

In August, after conducting a trial, U.S. District Court Judge Amit Mehta in Washington, D.C., ruled that Google violated antitrust law by arranging to serve as the default search engine on browsers operated by Apple and Mozilla, as well as on Android devices.

Mehta is expected to hold a hearing in April over potential remedies.

The federal government is proposing numerous restrictions on Google, including that it end a long-running revenue-sharing deal with Apple. That arrangement involves Google serving as the default search engine for Safari, and paying Apple around 36% of search revenue for queries originating on Safari. The agreement resulted in an estimated $20 billion payment from Google to Apple in 2022.

In late December, Apple sought to intervene in the hearing over remedies, arguing that it has a stake in the outcome.

Mehta denied Apple's request as untimely, ruling that Apple should have known earlier that the lawsuit would affect its deal with Google.

He said he will allow Apple to participate as a friend-of-the-court, and also to file post-hearing submissions, but not to present live witness testimony or cross-examine witnesses for the government or Google.

Apple late last week initiated an appeal of Mehta's decision to the D.C. Circuit.

On Monday, Apple asked the appellate court to order Mehta to stay proceedings in the case while the appeal is pending or, alternatively, to expedite the appeal.

The company writes in its request that participating as a friend-of-the-court doesn't substitute for intervening.

“Apple will not be able to access evidence or introduce its own testimony at trial, nor will Apple have the ability to cross-examine witnesses called by existing parties or otherwise participate in a trial that threatens to impinge on Apple’s independent business decisions for a decade to come,” the company writes. “In short, although faced with an overbroad remedial proposal targeting it directly, Apple’s hands will be tied.”

The appeals court hasn't yet indicated how it will rule.

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