Google has achieved its goal of avoiding a jury trial in one antitrust case after sending a $2.3 million check to the US Department of Justice. Google will face a bench trial, a trial conducted by a judge without a jury, after a ruling today that the preemptive check is big enough to cover any damages that might have been awarded by a jury.
"I am satisfied that the cashier's check satisfies any damages claim," US District Judge Leonie Brinkema said after a hearing in the Eastern District of Virginia on Friday, according to Bloomberg. "A fair reading of the expert reports does not support" a higher amount, Brinkema said.
The check was reportedly for $2,289,751. "Because the damages are no longer part of the case, Brinkema ruled a jury is no longer needed and she will oversee the trial, set to begin in September," according to Bloomberg.
The payment was unusual, but so was the US request for a jury trial because antitrust cases are typically heard by a judge without a jury. The US argued that a jury should rule on damages because US government agencies were overcharged for advertising.
The US opposed Google's motion to strike the jury demand in a filing last week, arguing that "the check it delivered did not actually compensate the United States for the full extent of its claimed damages" and that "the unilateral offer of payment was improperly premised on Google's insistence that such payment 'not be construed' as an admission of damages."
The government's damages expert calculated damages that were "much higher" than the amount cited by Google, the US filing said. In last week's filing, the higher damages amount sought by the government was redacted.