In the ever-evolving landscape of antitrust battles, a seasoned competition law expert is poised to shape the future of Google’s app empire. U.S. District Judge James Donato, an Obama appointee with a rich history in antitrust cases, will wield his gavel to determine the fate of Alphabet’s Google Play store.
Following a jury’s decision that sided with “Fortnite” creator Epic Games, citing Google’s alleged stifling of competition among Android app stores and mandatory use of its payment system, the stage is set for Donato’s pivotal ruling. The trial, spanning a month, concluded with Donato signaling that there was “more than enough evidence” favoring Epic.
Donato, a former antitrust specialist at prestigious law firms Shearman & Sterling and Cooley, brings a wealth of experience to the bench. His legal career involved defending technology giants and medical device manufacturers, including the likes of Nvidia and Tyco Healthcare. Notably, he played a prominent role in United Airlines’ unsuccessful challenge to its $8.5 billion merger with Continental in 2010.
Unfazed by corporate power, Donato has a history of challenging what he deems “sweetheart” settlements in price-fixing prosecutions. In a 2021 stand, he refused to greenlight a $650 million Facebook consumer privacy settlement until lawyers proposed more effective methods of notifying potential beneficiaries.
The current case not only reunited Donato with a former Stanford Law School classmate, Google’s president of global affairs Kent Walker, but also saw him grilling Walker over Google’s handling of internal chat logs. Donato deemed Google’s conduct regarding the chat logs as “the most serious and disturbing evidence” in his decade on the bench.
Known for his straightforward approach, Donato has previously admonished plaintiff attorneys in clashes over antitrust issues, even threatening to appoint new leaders for a case against Facebook.
As the legal drama unfolds, Judge Donato is set to pass judgment on Epic’s battle with Google at a hearing scheduled for January 11. The outcome promises to reshape the contours of Google’s app ecosystem, with ramifications likely echoing far beyond the courtroom.
