On February 19, 2021, Janette McCready, individually and on behalf of all others similarly situated (“Plaintiff”), represented by Gary Edward Mason of Mason Lietz & Klinger LLP, filed a class action lawsuit against Google LLC and Alphabet Inc. (collectively “Google” or “Defendants”), seeking injunctive relief, 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 asserted 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.
Plaintiff alleged that “Google solidified market dominance of Android OS through a series of contracts with distributors designed to minimize competition. Google requires OEMs such as LG, Motorola, and Samsung to enter “anti-forking agreements.” These agreements specifically forbid OEMs from developing or distributing versions of Android that do not comply with onerous Google-controlled technical standards. The signatories may not distribute devices with Android forks, or use their powerful brands to market forks on behalf of third parties. As a result of Google’s anticompetitive practices, Android OS represents over 95 percent of licensable mobile operating systems for smartphones and tablets in the United States.”
Plaintiff further alleged that “As a result of its monopolistic conduct, Google has extracted supracompetitive prices for its Android app distribution services and in-app purchases made through the Google Play Store, including a 30 percent commission on sales of paid apps and a 30 percent fee for in- app purchases. Google collects and processes these commissions and fees directly from Plaintiff and Class Members, remitting the remainder of their payment to the mobile app developer.” and that “Google uses its Developer Distribution Agreement (“DDA”) to contractually restrict competition in the Android Mobile App Market. Amongst other terms, the DDA mandated that developers comply with Google’s Developer Program Policies, including using Google’s proprietary in-app billing for in-app game payments, as well as certain other digital in-app purchases.”
There are two claims for relief laid down by the Plaintiff. The First claim for relief is for alleged monopolization i.e violation under Section 2 of the Sherman Act, 15 U.S.C. § 2. and the second claim is for alleged 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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Pending - Other Pending
Gary Edward Mason
Attorney at Mason Lietz & Klinger LLP
5101 Wisconsin Avenue Nw, Suite 305
Washington, DC 20016
Notice and Consent
Summons to Alphabet Inc.
Summons to Google LLC
Civil Cover Sheet
Summons to Alphabet Inc.
Summons to Google LLC
Civil Cover Sheet
DocketMEMBER CASE OPENED: District of Columbia, 1:20-cv-3556, McCready v. Google LLC et al, Opened in California Northern District as 21-cv-1229 JD pursuant to Conditional Transfer Order CTO-001 cc: JPMDL (msrS, COURT STAFF) (Filed on 2/19/2021) (Entered: 02/19/2021)Read MoreRead Less
Docket(#7) Case transferred in from District of District of Columbia; Case Number 1:20-cv-03556. Original file certified copy of transfer order and docket sheet received. (Entered: 02/19/2021)Read MoreRead Less
Docket(#6) EMAIL from the U.S. District Court for the Northern District of California requesting the transfer of the original file to be sent using the extract civil case feature of CM/ECF. (ztnr) (Entered: 02/18/2021)Read MoreRead Less
Docket(#5) CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-1) dated 2/17/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the Northern District of California, with the consent of that court, assigned to the Honorable Judge James Donato for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2981) (ztnr) (Entered: 02/18/2021)Read MoreRead Less
Docket(#4) SUMMONS (2) Issued Electronically as to ALPHABET INC., GOOGLE LLC. (Attachment: #1 Notice and Consent)(adh, ) (Entered: 12/09/2020)Read MoreRead Less
DocketCase Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 12/09/2020)Read MoreRead Less
Docket(#3) ERRATA by JANETTE MCCREADY #1 Complaint, filed by JANETTE MCCREADY. (Attachments: #1 Civil Cover Sheet, #2 Summons to Google LLC, #3 Summons to Alphabet Inc.)(Mason, Gary) (Entered: 12/08/2020)Read MoreRead Less
DocketNOTICE OF ERROR re #1 Complaint; emailed to firstname.lastname@example.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 12/08/2020)Read MoreRead Less
Docket(#2) NOTICE OF RELATED CASE by JANETTE MCCREADY. Case related to Case No. 1:20-cv-03158. (Mason, Gary) (Entered: 12/07/2020)Read MoreRead Less
Docket(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-7925396) filed by JANETTE MCCREADY. (Attachments: #1 Civil Cover Sheet, #2 Summons to Google LLC, #3 Summons to Alphabet Inc.)(Mason, Gary) (Attachment 1 replaced on 12/14/2020) (znmw). (Entered: 12/07/2020)Read MoreRead Less
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