FOTOBOM MEDIA, INC. v. GOOGLE LLC

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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