A federal judge blasted Google for its negligent policy that resulted in the deletion of employee chat records as closing arguments wrapped up Friday in a landmark antitrust case that could result in unprecedented changes to the tech giant’s core business.
Justice Department attorneys asked Judge Amit Mehta to sanction Google for failing to preserve evidence despite a court order and to rule that its conduct was intended to conceal anticompetitive behavior. Google has denied wrongdoing.
Mehta said it was negligent of Google to implement the policy, which automatically destroyed employee messages after 24 hours.
Googles document retention policy leaves a lot to be desired, Mehta said. Its shocking to me that a company would leave it to its employees to decide when to preserve documents.
Mehta did not indicate whether he would sanction Google over the policy. An attorney for the tech giant said the auto-erase policy was explicitly disclosed to plaintiffs years earlier, undercutting the feds claims that it showed intent to destroy evidence.
Google was already sanctioned over the same evidence destruction claims in a separate federal case filed by Fortnite maker Epic Games. Late last year, US District Judge James Donato said Googles willful and intentional suppression of relevant evidence in this case is deeply troubling.
This conduct is a frontal assault on the fair administration of justice. It undercuts due process. It calls into question just resolution of legal disputes. It is antithetical to our system, Donato said in December.
Earlier in the DOJs antitrust case, Google CEO Sundar Pichai testified that the automatic chat deletion policy was already in place when he took the job in 2015 and said he had since taken action to end it.
Much of the second and final day of closing arguments was focused on Googles conduct toward advertisers in the online search market.
The DOJ said Googles market dominance allows it to jack up prices on advertisers and cited internal documents to argue that the company has at times tweaked search results in a way that hurt quality in order to boost its profits.
Only a monopolist can make a product worse and still make more money, DOJ attorney David Dahlquist said.
A day earlier, Google faced tough questions over claims by its lawyers that the company faces stiff competition for user eyeballs. The companys defense team pointed to other tech platforms such as Microsoft and Amazon as well as travel sites like Expedia, smaller search engines like DuckDuckGo and media outlets like ESPN as rivals for search traffic.
Mehta appeared skeptical of the argument that Google, which has a 90% share of the online search market, faced meaningful competition from those firms.
You really think that DuckDuckGo is a competitor on Google? the judge asked Googles lawyers at one point on Thursday.
The judge also scrutinized the DOJs arguments, warning that the feds faced a hard road to prove that Google had failed to innovate in online search over the last decade.
He cited Microsofts admission during the trial that it hadnt spent enough resources to build out its own mobile search business to challenge Google.
Mehta is expected to issue a decision on whether Google has maintained an illegal monopoly over online search later this year. When initial court testimony concluded last fall, Mehta admitted he had no idea how he would rule on the case.
If Mehta rules against Google, a separate trial will be held to determine what remedies should be implemented. The DOJ has not specified what remedies it is seeking.
Options could include mandated choice screens allowing users to pick their own default search engine or even a breakup of Googles business empire.
The Justice Department argued that Google has relied for years on billions of dollars in payments to partners such as Apple and AT&T including $26.3 billion in 2021 alone to ensure that its search engine is enabled by default on most smartphones. The feds say the deals stifle competition and hurt consumers by limiting choice and search quality.
Ahead of closing arguments, an unredacted document revealed that Google had made a whopping $20 billion to Apple in 2022 to be the default search engine on iPhones and other devices. The DOJ has pointed to the size of the deals as evidence of their importance to Google.
Google has denied operating a monopoly and asserted that it faces intense competition in the online search market. The company has described the default deals as fair competition and claims the public gravitates toward its search tool because of its quality.
Closing arguments came months after witness testimony that began in mid-September and lasted for 10 weeks. Key witnesses included Microsoft CEO Satya Nadella who testified that Googles default deals made the concept of user choice in online search completely bogus.
Google CEO Sundar Pichai also took the witness stand last October, as did Apple executive Eddy Cue and a cadre of economists, professors and business executives who gave detail on how the companys search empire functions.
Sir Keir Starmer is vowing to fight any challenge to his leadership rather than stand aside, amid claims of plotting by MPs being compared to TV’s The Traitors.
Number 10 is going on the attack ahead of a difficult budget this month, with fears it could prove so unpopular that Labour MPs may move against Sir Keir.
But Sky News political editor Beth Rigby reports the prime minister “has no intention of giving way”, with allies warning any challenge would lead to a “drawn-out leadership election, spook the markets, and create more chaos that further damages the Labour brand”.
One senior figure told Rigby any move against Sir Keir would be more likely to arrive after next May’s elections, rather than the budget.
They said many Labour MPs could probably get behind measures like tax rises for wealthier workers, pensioners and landlords, as well as scrapping the two-child benefit cap, if that’s what the chancellor announces on 26 November.
But there are a series of potentially damaging elections in May, including in London and for the Senedd in Wales, as Labour face a challenge from Reform UK on the right and parties like the Greens and Plaid Cymru on the left.
Rigby said there is a “settled view among some very senior figures in the party that Starmer lacks the charisma and communication skills to take on Nigel Farage and win over the public, particularly if or when he breaks a bunch of manifesto pledges”.
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The Number 10 operation to ward off a challenge comes after Sky News deputy political editor Sam Coates likened the febrile mood in the Labour high command to the TV hit The Traitors.
Speaking on the Politics At Sam And Anne’s podcast, he said: “A minister got in touch at the start of the weekend to say they believe that there’s some quite substantial plotting going on.
“They say there was at least one cabinet minister telling colleagues that Keir Starmer, and I quote, is finished.”
When Boris Johnson was facing mutiny from Conservative MPs, his allies launched “Operation Save Big Dog”.
When Margaret Thatcher was about to be ousted by her rebellious MPs in 1990, she declared: “I fight on, I fight to win.”
And Harold Wilson, constantly paranoid about plots, famously quipped in 1969: “I know what’s going on. I’m going on.”
Boris Johnson was ousted less than six months after “Operation Save Big Dog”, Margaret Thatcher resigned the following morning after saying “I fight on”, and Harold Wilson lost a general election to Edward Heath a year after vowing that he would go on.
Coates said the cabinet minister “absolutely and totally denies they are up to anything nefarious whatsoever”.
“I actually do think that this is all in the style of The Traitors, because I’m not sure that there is hard and fast evidence of plotting – there might be some hints from some quarters,” he added.
“But what seems to be completely logical is that if you’re a bit worried in Number 10, you’re trying to pitch roll and ward off people who are maybe thinking about the need to position themselves by starting to get out rumours of plots and hoping that the political system turns against them for disloyalty.”
Image: Who is plotting to unseat the PM? Pic: PA
Cloak-and-dagger
Reports emerged on Tuesday night in The Times, The Guardian, and from the BBC of a “bunker mode” in Number 10, “regime change”, and “plotting” to replace Sir Keir.
Responding to the reports, Health Secretary Wes Streeting denied he was seeking to oust the prime minister.
A spokesperson for Mr Streeting told Sky News: “These claims are categorically untrue.
“Wes’s focus has entirely been on cutting waiting lists for the first time in 15 years, recruiting 2,500 more GPs and rebuilding the NHS that saved his life.”
Image: It’s not me, insists Wes Streeting. Pic: Reuters
However, there is clearly a co-coordinated campaign by allies of the increasingly unpopular Sir Keir to try to prevent a leadership challenge by a cabinet minister or stalking horse.
Sir Keir’s biographer Tom Baldwin questioned the logic of those briefing from within the corridors of power.
“I’m at a loss to understand why anyone would think this sort of briefing will help Keir Starmer, the government, or even their own cause,” he said on social media. “Some people just can’t resist, I guess, but it’s all a bit nuts.”
What next?
It comes ahead of Prime Minister’s Questions this lunchtime, handing Tory leader Kemi Badenoch the chance to make it an awkward afternoon for Sir Keir.
The health secretary will start his day on Sky News’ Morning With Ridge And Frost and will then speak at an NHS providers’ conference.
Watch and follow live coverage across Sky News – including in the Politics Hub.
Sir Keir Starmer is vowing to fight any challenge to his leadership rather than stand aside, amid claims of plotting by MPs being compared to TV’s The Traitors.
Number 10 is going on the attack ahead of a difficult budget this month, with fears it could prove so unpopular that Labour MPs may move against Sir Keir.
But Sky News political editor Beth Rigby reports the prime minister “has no intention of giving way”, with allies warning any challenge would lead to a “drawn-out leadership election, spook the markets, and create more chaos that further damages the Labour brand”.
One senior figure told Rigby any move against Sir Keir would be more likely to arrive after next May’s elections, rather than the budget.
They said many Labour MPs could probably get behind measures like tax rises for wealthier workers, pensioners and landlords, as well as scrapping the two-child benefit cap, if that’s what the chancellor announces on 26 November.
But there are a series of potentially damaging elections in May, including in London and for the Senedd in Wales, as Labour face a challenge from Reform UK on the right and parties like the Greens and Plaid Cymru on the left.
Rigby said there is a “settled view among some very senior figures in the party that Starmer lacks the charisma and communication skills to take on Nigel Farage and win over the public, particularly if or when he breaks a bunch of manifesto pledges”.
X
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You can change your settings at any time via the Privacy Options.
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To view this content you can use the button below to allow X cookies for this session only.
The Number 10 operation to ward off a challenge comes after Sky News deputy political editor Sam Coates likened the febrile mood in the Labour high command to the TV hit The Traitors.
Speaking on the Politics At Sam And Anne’s podcast, he said: “A minister got in touch at the start of the weekend to say they believe that there’s some quite substantial plotting going on.
“They say there was at least one cabinet minister telling colleagues that Keir Starmer, and I quote, is finished.”
When Boris Johnson was facing mutiny from Conservative MPs, his allies launched “Operation Save Big Dog”.
When Margaret Thatcher was about to be ousted by her rebellious MPs in 1990, she declared: “I fight on, I fight to win.”
And Harold Wilson, constantly paranoid about plots, famously quipped in 1969: “I know what’s going on. I’m going on.”
Boris Johnson was ousted less than six months after “Operation Save Big Dog”, Margaret Thatcher resigned the following morning after saying “I fight on”, and Harold Wilson lost a general election to Edward Heath a year after vowing that he would go on.
Coates said the cabinet minister “absolutely and totally denies they are up to anything nefarious whatsoever”.
“I actually do think that this is all in the style of The Traitors, because I’m not sure that there is hard and fast evidence of plotting – there might be some hints from some quarters,” he added.
“But what seems to be completely logical is that if you’re a bit worried in Number 10, you’re trying to pitch roll and ward off people who are maybe thinking about the need to position themselves by starting to get out rumours of plots and hoping that the political system turns against them for disloyalty.”
Image: Who is plotting to unseat the PM? Pic: PA
Cloak-and-dagger
Reports emerged on Tuesday night in The Times, The Guardian, and from the BBC of a “bunker mode” in Number 10, “regime change”, and “plotting” to replace Sir Keir.
Responding to the reports, Health Secretary Wes Streeting denied he was seeking to oust the prime minister.
A spokesperson for Mr Streeting told Sky News: “These claims are categorically untrue.
“Wes’s focus has entirely been on cutting waiting lists for the first time in 15 years, recruiting 2,500 more GPs and rebuilding the NHS that saved his life.”
Image: It’s not me, insists Wes Streeting. Pic: Reuters
However, there is clearly a co-coordinated campaign by allies of the increasingly unpopular Sir Keir to try to prevent a leadership challenge by a cabinet minister or stalking horse.
Sir Keir’s biographer Tom Baldwin questioned the logic of those briefing from within the corridors of power.
“I’m at a loss to understand why anyone would think this sort of briefing will help Keir Starmer, the government, or even their own cause,” he said on social media. “Some people just can’t resist, I guess, but it’s all a bit nuts.”
What next?
It comes ahead of Prime Minister’s Questions this lunchtime, handing Tory leader Kemi Badenoch the chance to make it an awkward afternoon for Sir Keir.
The health secretary will start his day on Sky News’ Morning With Ridge And Frost and will then speak at an NHS providers’ conference.
Watch and follow live coverage across Sky News – including in the Politics Hub.
A decision not to award compensation to the Waspi women will be reconsidered by the government because of undisclosed “evidence”, the Work and Pensions Secretary has said.
Waspi women – Women Against State Pensions Inequality – are those born in the 1950s who say they were not given sufficient warning of the state pension age for women being lifted – to be in line with men – from 60 to 65.
They have long argued that this was done too quickly, leaving some women financially unprepared to cope with the number of years when they were no longer able to claim their state pension.
Image: Waspi campaigners at a protest in Westminster in October last year. Pic: PA
But Pat McFadden told the Commons on Tuesday: “Since then, as part of the legal proceedings challenging the government’s decision, evidence has been cited about research findings from a 2007 report.”
The cabinet minister was referring to the rediscovery of a 2007 Department for Work and Pensions evaluation which had led to officials stopping sending automatic pension forecast letters out.
Mr McFadden said: “In light of this, and in the interest of fairness and transparency, I have concluded that the government should now consider this evidence. This means we will retake the decision made last December as it relates to the communications on State Pension age.”
Around 3.6 million women were impacted by the change to the state pension age. The government has previously said compensating them could cost £10.5bn.
Mr McFadden stressed that reviewing the decision should not be taken as an indication that the government will “decide that it should award financial redress”.
Angela Madden, the chair of Waspi, said the decision was a “major step forward”.
“The government now knows it got it wrong, and we are pleased they are now trying to do it properly,” she said.
“The only correct thing to do is to immediately compensate the 3.6 million Waspi women who have already waited too long for justice.”
The decision to refuse compensation was made despite a recommendation by the Parliamentary and Health Service Ombudsman (PHSO) that the women should be paid up to £2,950 each.
The PHSO’s findings are not binding, and last year the then-work and pensions secretary Liz Kendall said that the cost could not be justified as most women knew about the changes.
Sir Keir Starmer also said compensation would “burden” the taxpayer.