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Friday, July 30, 2021

Microsoft and Google aren't playing nice in latest DOJ antitrust filings

Things are heating up between Google and Microsoft.

What you need to know

  • Google reportedly asked a federal judge to uphold a subpoena it served to Microsoft.
  • The requested documents may aid Google in its ongoing antitrust case.
  • Microsoft reportedly failed to comply with the subpoena and withheld many documents.

Google is requesting that Microsoft comply with a request to hand over documents related to the search giant's ongoing antitrust case, according to a recent court document.

The Google antitrust lawsuit was issued last October by the DOJ, alleging that Google holds an unfair monopoly over search on the internet and on the best Android phones, making it extremely difficult for anyone else to compete.

While the proceedings aren't expected to take place until 2023, both sides are preparing to build their cases. While Microsoft is a key player in the case, as noted by Google, the company is reportedly holding back on providing documents pertaining to Bing, Internet Explorer, and Edge.

Google says that Microsoft has willingly provided evidence against the company, but when Google subpoenaed for documents that could potentially aid its biggest rival, Microsoft "has taken a decidedly different approach."

It has been three and a half months since Google served a subpoena on Microsoft, and it is now apparent that Microsoft does not intend to perform a reasonable search for documents responsive to Google's request.

Google says it requested documents from current and former employees "that cover issues at the core of this case," but Microsoft has not committed to supplying these documents. Google believes these documents can provide insight into Microsoft's efforts with its own search engine, which is Google's biggest competitor. They could be instrumental in Google's defense around whether it actually stifles competition, or whether Microsoft "simply failed to compete successfully on its own merits."

However, Microsoft complains that Google has increased its request from 27 employees to a total of 55, without providing a specific reason behind the additions. The company says this would "poses an unreasonable and undue increase in Microsoft's burden given the significantly expanded volume of documents Microsoft would have to search, collect, process, review and produce."

The developments come just after it was found that the two companies reportedly ended their long-standing truce, which would allow them to pursue litigation against each other.



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