Last summer, a court deemed Google’s $20 billion annual search agreement with Apple to be in violation of antitrust laws. While Apple is not directly involved as a defendant, the outcome of this case could significantly affect the company. Consequently, Apple has requested a stay on the proceedings.
Apple Seeks Involvement in Proceedings
This week, a motion by Apple to present witnesses during the upcoming Google trial was denied.
Although Apple is not accused of any wrongdoing in this case, it previously stated: “Google can no longer adequately represent Apple’s interests: Google must now defend against a broad effort to break up its business units.”
In essence, even if Apple is not officially part of the case, the company recognizes that Google must prioritize its own defense, prompting Apple to seek the opportunity to represent itself.
Following the denial of its motion, Apple has opted for an alternative approach: requesting a stay on the proceedings to “protect its rights pending appeal.”
The new filing states:
Without a stay, Apple will incur irreparable harm: being deprived of its right to participate as a party in the remedial phase of this case, potentially even during the trial itself, while its uncontested property rights are adjudicated. These harms are exacerbated by a position Plaintiffs disclosed during a recent meet-and-confer with Apple.
The comprehensive document notes that courts “have commonly granted stays pending appeal of orders denying intervention,” and hence, Apple contends the court should follow suit.
If Apple cannot participate in the manner it desires, it has a fallback request:
Alternatively, the Court should at the very least grant Apple full access to the record as a nonparty until the D.C. Circuit makes its ruling.
In whatever form it takes, Apple maintains that its involvement in court proceedings is essential to prevent “irreparable harm.”
What are your thoughts? Should Apple be allowed to participate in Google’s case? Share your opinions in the comments.
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