Google Wants Tit For Tat Discovery From Microsoft

Before the DOJ filed its antitrust case against Google in October 2020, prosecutors obtained more than 400,000 documents from Microsoft that it intends to use in its case. Now Microsoft is facing a subpoena from Google for millions of documents that might aid its defense. In a hearing on 7-30, Google argued that it is entitled to the documents because of Microsoft’s participation in the case. “No third party is more central to this litigation than Microsoft,” Google’s filing reads. “The DOJ and Colorado Complaints refer to it or its products dozens of times. Having so obviously pressed for and cooperated in the preparation of the present Complaints to be filed against Google, Microsoft cannot credibly avoid significant discovery in these cases.” Judge Amit Mehta heard both company’s arguments, but decided that more information was required before the court could opine on how much internal data Microsoft would be required to produce. In an appendix to its filing, Google listed 19 current and former Microsoft executives who may have documents relevant to the case. Trial is scheduled to begin in September, 2023