Google’s antitrust lawsuit over Apple collusion dismissed again

Alphabet Inc. Google has once again won an antitrust case alleging an illegal agreement Apple Inc. foreclosing on search advertising competition after a federal judge dismissed an amended lawsuit.

The search engine plaintiffs’ group still has not met their challenge, Judge Rita F. Lin of the U.S. District Court for the Northern District of California ruled Friday, their second amended complaint after the original complaint was dismissed in February.

The plaintiffs claim that Google agreed to share billions of dollars in profits from its search advertising business with Apple, provided that Apple refrained from competing in the market. The agreement between the two companies allegedly violated Sections 1 and 2 of the Sherman Antitrust Act, which prohibits agreements in restraint of trade and attempts to monopolize.

The plaintiffs lack standing to pursue antitrust claims, damages, or relief under the Sherman Act, Lin wrote. The amended complaint contained allegations that were conclusory in nature and was too speculative to credibly allege that Google suffered antitrust harm, she said.

“To the extent the second amended complaint relies on these general injury allegations, they remain ‘lacking further factual bolstering’ and are insufficient to survive a motion to dismiss,” Lin said.

Lin ruled that the plaintiff would have the opportunity to file a third amended complaint without having to create a new cause of action.

Alioto Law Firm and Nedeau Law PC are representing the plaintiffs. Williams & Connolly LLP and Skadden Arps Slate Meagher and Flom LLP are representing Google.

The case is Arcell v. Google LLC, ND Cal., No. 22-cv-02499, 8/9/24.