"On day three of the two-week remedies trial in the Justice Department's ad tech case against Google, Judge Leonie Brinkema boiled down the argument to one key issue: trust. Brinkema interrupted testimony from a DOJ expert with a hypothetical: should she issue a strict order modifying Google's behavior, could it resolve the issues at hand if "you had confidence that Google would actually act in complete good faith?""
"The question felt particularly pointed, given how the Google trial Brinkema presided over last year unfolded. Over three weeks, the DOJ repeatedly presented examples of Google employees allegedly using chat messages to avoid leaving a paper trail for discovery. Brinkema later said the practice represented "systemic disregard of the evidentiary rules." While she opted not to sanction Google for its lax approach to preserving evidence, she warned not to take its decision as condoning the behavior."
Judge Leonie Brinkema is weighing remedies in the Justice Department's antitrust case over online ad technology, centering on whether Google can be trusted to follow court orders and act in good faith. Prosecutors presented evidence from a prior trial showing Google employees allegedly using chat messages to avoid creating discoverable records, a practice Brinkema called a "systemic disregard of the evidentiary rules." She declined sanctions but warned against condoning the behavior. Google's proposed remedy would ban certain business practices and require its participation in ad auctions similar to competitors. The DOJ contends that, given Google's means and incentives, it remains likely to re-establish dominance.
Read at The Verge
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