Major media outlets, including The Post, demanded the judge overseeing the landmark Google antitrust trial provide timely access to exhibits and give notice before allowing closed-door session – as much of the evidence remains hidden from public view.
In a motion filed on Monday, the New York Times called on Judge Amit Mehta to improve transparency for what it described as “arguably the most important antitrust trial in decades, with far-reaching consequences for the future of the tech industry.”
“Though the Court has taken steps to make the trial more open, in several respects the degree of public access still falls short of what the law requires,” the motion said.
Although the antitrust trial is entering its sixth week, media outlets “still do not have consistent and complete access to admitted trial exhibits,” the filing added.
Antitrust advocates have been sharply critical over the trial’s opaque proceedings so far – including the judge’s allowance of closed-door testimony by key witnesses from Apple and other firms and the sealing of records related to the case.
Google has argued that the secrecy is necessary to protect sensitive details regarding the company’s practices, including its online search business. At one point, Mehta ordered trial exhibits to be taken down from a publicly available website, though access was later restored.
Mehta sought to address public concerns by ordering the release of largely unredacted transcripts of remarks by DuckDuckGO CEO Gabriel Weinberg and Apple AI boss John Giannandrea on the stand – though observers are still seeking more access.
The New York Times’ motion asks the court to unseal testimony from Apple executive Eddy Cue and Google executive Jerry Dischler in their entirety “given the absence of any justification for these redactions.”
“Sealing the courtroom is an extraordinary step in any case,” the motion said. “In this litigation, perhaps the most important antitrust trial in decades, the stakes are especially high.”
The court should provide “the public with meaningful notice and an opportunity to be heard” before allowing any further closed-door session to occur, the motion added.
The motion by The Times was supported by The Post, Bloomberg, the Wall Street Journal, MLex and Law360. The Post is owned by News Corp., as is the Wall Street Journal and its publisher Dow Jones.
The antitrust trial’s secrecy has drawn notice given the potential consequences for Google if it were to lose the case.
If Mehta sides with the Justice Department’s argument that Google has built an illegal monopoly over online search, the Big Tech giant could be forced to discontinue certain practices or even to sell off parts of its business.
