Search

Attributes

This case was last updated from PACER on 06/18/2021 at 13:59:45 (UTC).

Flag Publications, Inc. v. Google, LLC et al

Case Summary

On April 19, 2021, Flag Publications, Inc. (“Flag Publications” or “Plaintiff”), represented by William Nelson Sinclair of Silverman Thompson Slutkin and White LLC, filed an antitrust action against Google, LLC and Facebook, Inc. (“Defendants”), seeking declaratory and injunctive relief and an accounting of damages along with treble damages for allegedly monopolizing and conspiring to engage in anticompetitive conduct and unjust enrichment by the Defendants. This case was filed in the U.S. District Court for the District of Maryland with Judge Stephanie A. Gallagher presiding. 

 

In its complaint, the Plaintiff alleged that “Plaintiffs, and other newspapers across the country, compete for revenue in the digital advertising market. Google monopolizes the market to such an extent that it threatens the extinction of local newspapers across the country. There is no longer a competitive market in which newspapers can fairly compete for online advertising revenue. Google has vertically integrated itself, through hundreds of mergers and acquisitions, to enable dominion over all sellers, buyers, and middlemen in the marketplace. It has absorbed the market internally and consumed most of the revenue. Google’s unlawful anticompetitive conduct is directly stripping newspapers across the country, including Plaintiffs, of their primary revenue source.”

 

The Plaintiff further alleged that “Google and Facebook, archrivals in the digital advertising market, conspired to further their worldwide dominance of the digital advertising market in a secret agreement codenamed “Jedi Blue.” The two archrivals, who are sometimes referenced as operating a duopoly in the market, unlawfully conspired to manipulate online auctions which generate digital advertising revenue. Facebook and Google agreed to avoid competing with another in September 2018. The quid pro quo was as follows—Facebook would largely forego its foray into header bidding and would instead bid through Google’s ad server. In exchange, Google agreed to give Facebook preferential treatment in its auctions. This agreement closed a growing threat to Google’s primacy and further cemented its stranglehold on the marketplace. These actions are illegal and directly caused newspapers across the country, including Plaintiffs, enormous financial harm in the form of loss of revenue sources.”

 

There are three claims for relief laid down by the Plaintiff. The first claim is for Google’s alleged Monopolization of the Digital Advertising Market, hence, for alleged violation of section 2 of the Sherman Act: 15 U.S.C. § 2; the second claim is for Google and Facebook’s alleged unlawful agreement to unreasonably restrain the trade, hence, for alleged violation of section 1 of the Sherman Act: 15 U.S.C. § 1, and the third claim is for alleged Unjust Enrichment.

 

In its prayer for relief, the Plaintiff has requested the court to declare that the Defendants’ actions violate the law, and award damages, treble damages, punitive damages, and/or restitution in an amount to be determined at trial. The Plaintiff further requested the Court to permanently enjoin Defendants from continuing, maintaining, or renewing the conduct alleged herein, and from adopting or following any practice, plan, program, or device having a similar purpose or effect; award Plaintiffs pre- and post-judgment interest and their costs of suit, including reasonable attorneys’ fees and expenses.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.



Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00965

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    Maryland District

Judge Details

Presiding Judge

Stephanie A. Gallagher

 

Party Details

Plaintiff

Flag Publications, Inc.

Defendants

Facebook, Inc

Google, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

William Nelson Sinclair

Attorney at Silverman Thompson Slutkin and White LLC

201 N Charles St 26Th Fl

Baltimore, MD 21201

Paul Jeffrey Geller

Attorney at Robbins Geller Rudman and Dowd LLP

120 E Palmetto Park Road Ste 500

Boca Raton, FL 33432

Steven M Jodlowski

Attorney at Robbins Geller Rudman and Dowd LLP

655 W Broadwat Ste 1900

San Diego, CA 92101

Stuart A Davidson

Attorney at Robbins Geller Rudman and Dowd LLP

120 E Palmetto Park Rd Ste 500

Boca Raton, FL 33432

David W Mitchell

Attorney at Robbins Geller Rudman and Dowd LLP

655 W Broadway Ste 1900

San Diego, CA 92101

Defendant Attorneys

Vanessa A Lavely

Attorney at Cravath Swaine and Moore LLP

825 Eighth Avenue

New York, NY 10019

Peter T Barbur

Attorney at Cravath Swaine and Moore LLP

825 Eighth Avenue

New York, NY 10019

Kevin J Orsini

Attorney at Cravath Swaine and Moore LLP

825 Eighth Avenue

New York, NY 10019

Martha Reiser

Attorney at Cravath, Swaine & Moore LLP

825 Eighth Avenue

New York, NY 10019

Jonathan M Jacobson

Attorney at Wilson Sonsini Goodrich and Rosati

1301 Avenue Of The Americas

New York, NY 10019

Justina K Sessions

Attorney at Wilson Sonsini Goodrich and Rosati

Suite 3300, One Market Plaza

San Francisco, CA 94105

Franklin M Rubinstein

Attorney at Wilson Sonsini Goodrich and Rosati

1700 K St Nw Fifth Fl

Washington, DC 20006

 

Court Documents

#32

(#32) NOTICE of Appearance by Franklin M Rubinstein on behalf of Google, LLC (Rubinstein, Franklin) (Entered: 05/12/2021)

#31

(#31) MOTION to Appear Pro Hac Vice for Justina K. Sessions (Filing fee $100, receipt number 0416-9274580.) by Google, LLC(Rubinstein, Franklin) (Entered: 05/12/2021)

#30

(#30) MOTION to Appear Pro Hac Vice for Jonathan M. Jacobson (Filing fee $100, receipt number 0416-9274579.) by Google, LLC(Rubinstein, Franklin) (Entered: 05/12/2021)

28 #2

Text of Proposed Order

28 #1

Exhibit A

#28

(#28) Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Facebook, Inc (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiser, Martha) (Entered: 05/12/2021)

24 #1

Exhibit A

#24

(#27) PAPERLESS ORDER granting #24 Motion to Appear Pro Hac Vice on behalf of Kevin J Orsini. Directing attorney Kevin J Orsini to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2021. (mh4, Deputy Clerk) (Entered: 05/12/2021)

23 #1

Exhibit A

#6

(#8) QC NOTICE: #6 Motion to Appear Pro Hac Vice filed by Flag Publications, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4, Deputy Clerk) (Entered: 04/23/2021)

#5

(#7) QC NOTICE: #5 Motion to Appear Pro Hac Vice filed by Flag Publications, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4, Deputy Clerk) (Entered: 04/23/2021)

#4

(#4) Local Rule 103.3 Disclosure Statement by Flag Publications, Inc. (Sinclair, William) (Entered: 04/20/2021)

#2

(#2) Summons Issued 21 days as to Facebook, Inc, Google, LLC.(dass, Deputy Clerk) (Entered: 04/19/2021)

1 #4

*Restricted*

1 #3

Summons Summons - Facebook

1 #2

Summons Summons - Google

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#28) Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Facebook, Inc (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiser, Martha) (Entered: 05/12/2021)

25 More Documents Available
View All Documents

 

Docket Entries

  • 05/13/2021
  • View Court Documents
  • Docket(#34) PAPERLESS ORDER granting #30 Motion to Appear Pro Hac Vice on behalf of Jonathan M Jacobson. Attorney Jonathan M Jacobson will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 5/13/2021. (dm4s, Deputy Clerk) (Entered: 05/13/2021)

    Read MoreRead Less
  • 05/13/2021
  • View Court Documents
  • Docket(#33) PAPERLESS ORDER granting #31 Motion to Appear Pro Hac Vice on behalf of Justina K Sessions. Directing attorney Justina K Sessions to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/13/2021. (dm4s, Deputy Clerk) (Entered: 05/13/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#32) NOTICE of Appearance by Franklin M Rubinstein on behalf of Google, LLC (Rubinstein, Franklin) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#31) MOTION to Appear Pro Hac Vice for Justina K. Sessions (Filing fee $100, receipt number 0416-9274580.) by Google, LLC(Rubinstein, Franklin) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#30) MOTION to Appear Pro Hac Vice for Jonathan M. Jacobson (Filing fee $100, receipt number 0416-9274579.) by Google, LLC(Rubinstein, Franklin) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#29) PAPERLESS ORDER granting #28 Motion for Extension of Time to Answer. Signed by Judge Stephanie A. Gallagher on 5/12/2021. (vals, Chambers) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#28) Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Facebook, Inc (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiser, Martha) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#27) PAPERLESS ORDER granting #24 Motion to Appear Pro Hac Vice on behalf of Kevin J Orsini. Directing attorney Kevin J Orsini to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2021. (mh4, Deputy Clerk) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#26) PAPERLESS ORDER granting #23 Motion to Appear Pro Hac Vice on behalf of Vanessa A Lavely. Directing attorney Vanessa A Lavely to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2021. (mh4, Deputy Clerk) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#25) PAPERLESS ORDER granting #22 Motion to Appear Pro Hac Vice on behalf of Peter T Barbur. Directing attorney Peter T Barbur to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/12/2021. (mh4, Deputy Clerk) (Entered: 05/12/2021)

    Read MoreRead Less
14 More Docket Entries
  • 04/27/2021
  • View Court Documents
  • Docket(#10) CORRECTED MOTION to Appear Pro Hac Vice for Stuart A. Davidson by Flag Publications, Inc.. The fee has already been paid.(Sinclair, William) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/27/2021
  • View Court Documents
  • Docket(#9) CORRECTED MOTION to Appear Pro Hac Vice for Paul J. Geller by Flag Publications, Inc.. The fee has already been paid.(Sinclair, William) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#8) QC NOTICE: #6 Motion to Appear Pro Hac Vice filed by Flag Publications, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4, Deputy Clerk) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#7) QC NOTICE: #5 Motion to Appear Pro Hac Vice filed by Flag Publications, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4, Deputy Clerk) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#6) MOTION to Appear Pro Hac Vice for Paul J. Geller (Filing fee $100, receipt number 0416-9238779.) by Flag Publications, Inc.(Sinclair, William) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#5) MOTION to Appear Pro Hac Vice for Stuart A. Davidson (Filing fee $100, receipt number 0416-9238720.) by Flag Publications, Inc.(Sinclair, William) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#4) Local Rule 103.3 Disclosure Statement by Flag Publications, Inc. (Sinclair, William) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/19/2021
  • View Court Documents
  • Docket(#3) QC NOTICE re: Local Rule 103.3 Disclosure Attachment to #1 Complaint, filed by Flag Publications, Inc. was filed incorrectly. **Local Rule 103.3 disclosure was filed as an attachment to complaint and should have been filed separatley. Please re-file only the disclosure, using the event Local Rule 103.3 Disclosure Statement. The attachment only has been noted as FILED IN ERROR, and the document link has been disabled. (dass, Deputy Clerk) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/19/2021
  • View Court Documents
  • Docket(#2) Summons Issued 21 days as to Facebook, Inc, Google, LLC.(dass, Deputy Clerk) (Entered: 04/19/2021)

    Read MoreRead Less
  • 04/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Facebook, Inc, Google, LLC ( Filing fee $ 402 receipt number 0416-9230247.), filed by Flag Publications, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons - Google, #3 Summons Summons - Facebook, #4 (FILED IN ERROR) Attachment Corporate Disclosure)(Sinclair, William) Modified on 4/19/2021 (dass, Deputy Clerk). (Entered: 04/19/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Google LLC is a litigant

Latest cases where Facebook is a litigant

Latest cases represented by Lawyer Franklin Mordecai Rubinstein

Latest cases represented by Lawyer Justina Kahn Sessions