Apple is fighting to defend its multi-billion dollar search engine deal with Google as Google is prosecuted for antitrust violations, and so far, the court isn't making it easy. Last week, Apple filed a motion for an emergency stay that would give the Cupertino company time to intervene in the lawsuit, but the judge overseeing the case denied Apple's motion [PDF] and won't hold off on moving forward.
In November, Apple asked the court to allow it to be more involved in the case as the court decides what steps to take to prevent Google from continuing to violate antitrust law. The court said no, so Apple appealed the ruling, but it will take time for the appeals process to play out. While it waits on an appeal, Apple wanted the court to pause the proceedings, but the judge isn't inclined to do so.
According to the court, Apple did not demonstrate that it will suffer "certain and great" harm that would justify a stay, nor has it adequately explained why it needs a bigger role in the lawsuit or what new evidence it has to present. The court also does not feel that Apple has proven that a mistake was made when its initial motion for intervention was denied. Further, the judge feels that moving forward is important to prevent Google from continuing with its antitrust violations.
As the court stated in its order denying intervention, this case has been pending for over four years, and the delay from postponing the evidentiary hearing would be months, not weeks.
What's more, the court has concluded that Google violated federal antitrust law by entering into exclusive search distribution agreements with various companies (including Apple) to achieve and maintain a monopoly in both the general search services market and the general text advertising market.
Preserving the status quo by granting a stay, as Apple urges, would only perpetuate this unlawful activity and is therefore contrary to the public interest.
Last year, Google was found guilty of violating antitrust law, and its search engine deal with Apple was a main focus of the case. Google pays Apple billions each year to be the default search engine for Safari, and the court decided that deal and other Google practices violate antitrust law.
The U.S. government has asked the court to prevent Google from entering into search contracts with Apple and other companies, and Apple does not want that to happen. Apple will be losing upward of $20 billion annually if Google is barred from continuing on with the search engine deal, and Apple would still have to offer Google Search as an option to users.
Google is also facing more extreme remedies, and it could be forced to sell the Chrome browser or uncouple Android from products like Google Search and the Google Play Store. Apple feels that Google will prioritize defending Chrome and its other properties over its search deal with Apple, which is why Apple wants to step in.
"If Apple's appeal is not resolved until during or after the remedies trial, Apple may well be forced to stand mute at trial, as a mere spectator, while the government pursues an extreme remedy that targets Apple by name and would prohibit any commercial arrangement between Apple and Google for a decade," Apple wrote in the filing asking for a stay.
Apple now plans to file a motion to expedite its appeal of the initial ruling barring it from further participating in the Google lawsuit. The remedies portion of the antitrust lawsuit against Google is set to begin in April, so the appeals process may have time to play out before then if Apple can get the case expedited.
