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This case was last updated from PACER on 04/19/2021 at 07:04:31 (UTC).

Black v. Google LLC et al

Case Summary

On February 18, 2021, Nicholas Black, individually and on behalf of all others similarly situated (“Plaintiff”), represented by Anthony G. Simon and Paul J. Tahan of The Simon Law Firm, P.C. filed a class action lawsuit against Google LLC and Alphabet Inc. (collectively “Google” or “Defendants”), seeking damages among various other reliefs for alleged anti competitive conduct. This case was filed in U.S. District Court in the Northern District of California with Judge James Donato presiding. 

 

Pursuant to Federal Rule of Civil Procedure 23(b)(2) and (b)(3). Plaintiff asserts to have brought this action both on behalf of himself and as a class action for all persons and entities in the United States that made payment to Google for a mobile app on the Google Play Store, subscription fees for a mobile app obtained on the Google Play Store, or app content from a mobile app downloaded from the Google App Store, from at least as early as January 1, 2016 through the present. 

 

In the recently filed complaint Plaintiff alleges that “Google maintains a monopoly in the Android Mobile App Market and is able to charge supracompetitive prices for mobile app and in-app purchases. Google uses anticompetitive covenants in Google’s Mobile Application Distribution Agreement (“MADA”), requiring OEMs to license the entire suite of Google applications and services in order to also license the Android OS. Google also requires OEMs to pre-install the Google Play Store on its home page. If OEMs refuse these restrictive terms and conditions, they lose access to the Android OS.”

 

Plaintiff alleged that “Google has behaved as alleged herein in an attempt to obtain a monopoly in the U.S. market for Android mobile apps and in-app purchases, with the effect being that competition is foreclosed, innovation is stifled, and consumer choice is gravely diminished. Additionally, Google has abused its market power by charging supra-competitive 30 percent commission on sales of paid apps and a 30 percent fee for in-app purchases. Further, Google’s actions have depressed output and stifled innovation and options for consumers as alleged herein.” and further that “As a direct and proximate cause of Google’s conduct, Plaintiff and members of the Class have suffered antitrust injury. Plaintiff and the Class members paid significantly higher prices for Android mobile apps and in-app purchases than they would have but for Google’s unlawful conduct. That conduct also deprived Plaintiff and Class members of improved quality and innovation in the relevant markets.”

 

There are two claims for relief laid down by the Plaintiff. The First claim for relief is for monopolization i.e violation under Section 2 of the Sherman Act, 15 U.S.C. § 2. And second claim is Attempted Monopolization i.e violation under Section 2 of the Sherman Act, 15 U.S.C. § 2.

 

In its prayer for relief, the Plaintiff requested the court to pass an order to define the class as requested and to certify this as a class action in accordance with Federal Rule of Civil Procedure 23, declare that conduct of Defendants is in  violation of Section 2 of the Sherman Act. Plaintiff further requested the court to award damages which should be trebled in accordance with the antitrust laws, that Defendants, their subsidiaries be permanently enjoined and restrained from continuing and maintaining the combination, conspiracy, or agreement alleged herein and  award pre-judgment and post-judgment interest along with costs of action.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-01200

  • Filing Date:

    02/18/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

James Donato

 

Party Details

Plaintiff

Nicholas Black

Defendants

Alphabet Inc.

Google LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Anthony G. Simon

Attorney at The Simon Law Firm, P.C.

800 Market Street, Suite 1700

St. Louis, MO 63101

Paul J. Tahan

Attorney at The Simon Law Firm, P.C.

800 Market Street, Suite 1700

St. Louis, MO 63101

 

Court Documents

7 #1

*Restricted*

#7

(#7) Case transferred in from District of Missouri Eastern; Case Number 4:21-cv-00077. Original file certified copy of transfer order and docket sheet received. (Entered: 02/18/2021)

#6

(#6) ORDER OF MDL TRANSFER to: Northern District of California. Case transferred via CM/ECF extraction. (DJO) (Entered: 02/18/2021)

#5

(#5) CONDITIONAL TRANSFER ORDER (CTO-1) regarding MDL No. 2981 IN RE: GOOGLE PLAY STORE ANTITRUST LITIGATION signed by John W. Nichols, Clerk of the Panel. (DJO) (Entered: 02/17/2021)

#4

RESTRICTED

#3

RESTRICTED

2 #2

Summons Alphabet Inc

2 #1

Summons Google LLC

#2

(#2) NOTICE OF PROCESS SERVER by Plaintiff Nicholas Black Process Server: Brandywine Process Servers (Attachments: #1 Summons Google LLC, #2 Summons Alphabet Inc)(Simon, Anthony) (Entered: 01/21/2021)

1 #2

Civil Cover Sheet

1 #1

Original Filing Form

#1

(#1) CLASS ACTION COMPLAINT against defendant All Defendants with receipt number AMOEDC-8418336, in the amount of $402 Jury Demand, filed by Nicholas Black. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet)(Simon, Anthony) Modified on 2/18/2021 (jlgS, COURT STAFF). (Entered: 01/21/2021)

 

Docket Entries

  • 02/18/2021
  • DocketMEMBER CASE OPENED MDL 2981: Eastern District of Missouri (St. Louis), 4:21-cv-00077-SEP, Black v. Google LLC et al, Opened in California Northern District as 3:21-cv-01200-JD pursuant to Conditional Transfer Order 1 cc: JPMDL (jlgS, COURT STAFF) (Filed on 2/18/2021) (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#7) Case transferred in from District of Missouri Eastern; Case Number 4:21-cv-00077. Original file certified copy of transfer order and docket sheet received. (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#6) ORDER OF MDL TRANSFER to: Northern District of California. Case transferred via CM/ECF extraction. (DJO) (Entered: 02/18/2021)

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  • 02/17/2021
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  • Docket(#5) CONDITIONAL TRANSFER ORDER (CTO-1) regarding MDL No. 2981 IN RE: GOOGLE PLAY STORE ANTITRUST LITIGATION signed by John W. Nichols, Clerk of the Panel. (DJO) (Entered: 02/17/2021)

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  • 02/10/2021
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  • Docket(#4) SUMMONS Returned Executed filed by Nicholas Black. Alphabet Inc served on 2/4/2021, answer due 2/25/2021. (Simon, Anthony) (Entered: 02/10/2021)

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  • 02/10/2021
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  • Docket(#3) SUMMONS Returned Executed filed by Nicholas Black. Google LLC served on 2/4/2021, answer due 2/25/2021. (Simon, Anthony) (Entered: 02/10/2021)

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  • 01/21/2021
  • DocketCase Opening Notification: 2 Summons(es) issued. The summons were emailed to attorney Anthony G. Simon. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Sarah E. Pitlyk. (BAK) (Entered: 01/21/2021)

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  • 01/21/2021
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  • Docket(#2) NOTICE OF PROCESS SERVER by Plaintiff Nicholas Black Process Server: Brandywine Process Servers (Attachments: #1 Summons Google LLC, #2 Summons Alphabet Inc)(Simon, Anthony) (Entered: 01/21/2021)

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  • 01/21/2021
  • View Court Documents
  • Docket(#1) CLASS ACTION COMPLAINT against defendant All Defendants with receipt number AMOEDC-8418336, in the amount of $402 Jury Demand, filed by Nicholas Black. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet)(Simon, Anthony) Modified on 2/18/2021 (jlgS, COURT STAFF). (Entered: 01/21/2021)

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