This case was last updated from U.S. District Courts on 05/20/2022 at 11:25:01 (UTC).

FOTOBOM MEDIA, INC. v. GOOGLE LLC

Case Summary

On March 15, 2022, Fotobom Media, Inc. (“Plaintiff”), represented by Bethan R. Jones and John Thorne of Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., filed an antitrust lawsuit against Google LLC (“Defendant”), seeking declaratory and injunctive relief with damages, costs and attorneys’ fees, for the alleged engagement in unlawful business acts and practices as alleged herein in violation of, among other laws, the Sherman Act, and California common law. This case was filed in the U.S. District Court for the District of Columbia with Judge Amit P. Mehta presiding. 

In the complaint, the Plaintiff alleged that, “Google has willfully maintained and abused its monopoly power by tying Google Mobile Services and the Google Play Store to the pre-installation of Google search access points— including Chrome, Google’s search app, and Gboard — as defaults; through exclusionary distribution agreements that lock up the preset default positions for search access points on browsers, mobile devices, computers, and other devices; and other restrictions that drive queries to Google at the expense of competitors.” and that “Google has imposed tying arrangements on Android distributors that unreasonably restrain trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and Section 4 of the Clayton Act, 15 U.S.C. § 15.”

The Plaintiff further alleged that, “Google has entered into contracts with mobile carriers and manufacturers that contain exclusive dealing provisions that unreasonably restrain trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and Section 4 of the Clayton Act, 15 U.S.C. § 15.” 

Plaintiff alleged “Because these agreements unreasonably foreclose competition in a substantial portion of the general search services market and harm the distribution of competing search access points, these agreements are likely to, and in fact have, led to reduced output in the market and a reduction of quality in general search services.” and that “Through its exclusive dealing provisions, Google has caused actual injury to competition in the general search services market.”

Plaintiff additionally alleged that “Google’s exclusive dealing agreements have, individually and collectively, substantially foreclosed Fotobom’s access to vital distribution channels for its competing smart keyboard app and related services.”

Plaintiff presented six claims for relief including claims for Defendant’s alleged violation of Section 2 of the Sherman Act, exclusive dealing and illegal tying, violation of California Unfair Competition Law, and intentional interference with prospective economic advantage.

In the prayer for relief, Plaintiff requested a declaration that Google acted unlawfully to maintain a general search services monopoly and that the conduct alleged herein is an unlawful restraint of trade in violation of the Sherman Act. Further, permanently enjoin the unlawful conduct alleged herein and award Plaintiff damages with reasonable costs, expenses including expert fees and attorney’s fees and any such further relief that the Court may deem just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00712

  • Filing Date:

    03/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Amit P. Mehta

 

Party Details

Plaintiff

FOTOBOM MEDIA, INC.

Defendant

GOOGLE LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Bethan R Jones

Attorney at KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C.

1615 M Street, Nw, Suite 400

Washington, DC 20036

John Thorne

Attorney at KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C.

1615 M Street Nw, Suite 400

Washington, DC 20036

Defendant Attorneys

Benjamin M. Greenblum

Attorney at WILLIAMS & CONNOLLY LLP

725 12Th St. Nw

Washington, DC 20005

John E. Schmidtlein

Attorney at WILLIAMS & CONNOLLY LLP

725 12Th St. Nw

Washington, DC 20005

 

Court Documents

6 #1

Notice and Consent

6 #6

Main Document

1 #2

Summons

1 #1

Civil Cover Sheet

1 #1

Main Document

#14

(#14) NOTICE of Appearance by Benjamin M. Greenblum on behalf of GOOGLE LLC (Greenblum, Benjamin) (Entered: 04/07/2022)

#13

(#13) RESPONSE TO ORDER OF THE COURT re Order of April 4, 2022 filed by GOOGLE LLC. (Schmidtlein, John) (Entered: 04/07/2022)

#12

(#12) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOOGLE LLC (Schmidtlein, John) (Entered: 04/01/2022)

#11

(#11) NOTICE of Appearance by John E. Schmidtlein on behalf of GOOGLE LLC (Schmidtlein, John) (Entered: 04/01/2022)

10 #1

Text of Proposed Order

10 #10

Main Document

#9

(#9) RESPONSE TO ORDER TO SHOW CAUSE re #8 Order, filed by FOTOBOM MEDIA, INC.. (Thorne, John) (Entered: 04/01/2022)

#8

(#8) ORDER TO SHOW CAUSE by April 1, 2022, why this matter should not be transferred to the In re Google Play Store Antitrust Litigation, No. 3:21-md-2981 (N.D. Cal.), pending in the Northern District of California. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 3/25/2022. (lcapm2) (Entered: 03/25/2022)

#7

(#7) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GOOGLE LLC served on 3/18/2022, answer due 4/8/2022 (Thorne, John) (Entered: 03/18/2022)

#5

(#5) NOTICE of Appearance by Bethan R Jones on behalf of FOTOBOM MEDIA, INC. (Jones, Bethan) (Entered: 03/15/2022)

#4

(#4) ENTERED IN ERROR.....NOTICE of Appearance by Daniel V. Dorris on behalf of FOTOBOM MEDIA, INC. (Dorris, Daniel) Modified on 3/17/2022 (zsb). (Entered: 03/15/2022)

6 More Documents Available
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Docket Entries

  • 04/07/2022
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  • Docket(#14) NOTICE of Appearance by Benjamin M. Greenblum on behalf of GOOGLE LLC (Greenblum, Benjamin) (Entered: 04/07/2022)

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  • 04/07/2022
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  • Docket(#13) RESPONSE TO ORDER OF THE COURT re Order of April 4, 2022 filed by GOOGLE LLC. (Schmidtlein, John) (Entered: 04/07/2022)

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  • 04/04/2022
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  • DocketMINUTE ORDER. Defendant Google shall indicate its position with respect to Plaintiff's #9 Response to the Court's March 25, 2022 Order to Show Cause by April 8, 2022. Signed by Judge Amit P. Mehta on 4/4/2022. (lcapm2) (Entered: 04/04/2022)

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  • 04/04/2022
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  • DocketMINUTE ORDER granting #10 Defendant's Unopposed Motion to Extend Time to Respond to Plaintiff's Complaint. Defendant shall respond to the complaint on or before June 3, 2022. Signed by Judge Amit P. Mehta on 4/4/2022. (lcapm2) (Entered: 04/04/2022)

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  • 04/01/2022
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  • Docket(#12) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOOGLE LLC (Schmidtlein, John) (Entered: 04/01/2022)

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  • 04/01/2022
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  • Docket(#11) NOTICE of Appearance by John E. Schmidtlein on behalf of GOOGLE LLC (Schmidtlein, John) (Entered: 04/01/2022)

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  • 04/01/2022
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  • Docket(#10) Unopposed MOTION for Extension of Time to File Answer by GOOGLE LLC. (Attachments: #1 Text of Proposed Order)(Schmidtlein, John) (Entered: 04/01/2022)

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  • 04/01/2022
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  • Docket(#9) RESPONSE TO ORDER TO SHOW CAUSE re #8 Order, filed by FOTOBOM MEDIA, INC.. (Thorne, John) (Entered: 04/01/2022)

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  • 03/25/2022
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  • Docket(#8) ORDER TO SHOW CAUSE by April 1, 2022, why this matter should not be transferred to the In re Google Play Store Antitrust Litigation, No. 3:21-md-2981 (N.D. Cal.), pending in the Northern District of California. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 3/25/2022. (lcapm2) (Entered: 03/25/2022)

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  • 03/18/2022
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  • Docket(#7) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GOOGLE LLC served on 3/18/2022, answer due 4/8/2022 (Thorne, John) (Entered: 03/18/2022)

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  • 03/17/2022
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  • Docket(#6) SUMMONS (1) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmh) (Entered: 03/17/2022)

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  • 03/17/2022
  • DocketCase Assigned to Judge Amit P. Mehta. (zmh) (Entered: 03/17/2022)

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  • 03/17/2022
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  • DocketNOTICE OF ERROR re #4 Notice of Appearance; emailed to ddorris@kellogghansen.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney is not a member of this court's bar. Please refer to LCvR 83.2. See https://www.dcd.uscourts.gov/attorney-renewal (zsb, ) (Entered: 03/17/2022)

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  • 03/15/2022
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  • Docket(#5) NOTICE of Appearance by Bethan R Jones on behalf of FOTOBOM MEDIA, INC. (Jones, Bethan) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#4) ENTERED IN ERROR.....NOTICE of Appearance by Daniel V. Dorris on behalf of FOTOBOM MEDIA, INC. (Dorris, Daniel) Modified on 3/17/2022 (zsb). (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#3) NOTICE OF RELATED CASE by FOTOBOM MEDIA, INC.. Case related to Case No. 1:20-cv-03010. (Thorne, John) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FOTOBOM MEDIA, INC. (Thorne, John) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#1) COMPLAINT against GOOGLE LLC with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9106189) filed by FOTOBOM MEDIA, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Thorne, John) (Entered: 03/15/2022)

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