United States et al v. Google LLC Document 348: Response to motion, Attachment 1

Virginia Eastern District Court
Case No. 1:23-cv-00108-LMB-JFA
Filed August 25, 2023

RESPONSE to Motion re [314] MOTION to Seal re Doc. 305 & 307 filed by United States of America. (Attachments: # (1) Exhibit 4 (redacted), # (2) Exhibit 11 (redacted), # (3) Exhibit 12 (redacted), # (4) Exhibit 13 (redacted))(Teitelbaum, Aaron)

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Page 1 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
011-
Antitrust
Division
Workinger, Kimberly B Wolin, Michael
Washington, DC
(ATR)**
@usps.gov>
gov>
Hough, Marymichael (ATR)
ov>; Karpenko, Christopher J Washington, DC
1/9/
RE: [EXTERNAL]
Inquiry from
Department of Justice,
Antitrust Division
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
1/9/
FW: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
1/9/
Re: [EXTERNAL] Re: Attorney-Client;
DOJ Antitrust
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
; Wolin, Michael (ATR)**


011-
011-
Antitrust
Division
Gardner, Matthew
Antitrust
Division
Arpit Garg - L**
** = Denotes Attorneys
Korns, Andrew
Lem, Jacklin (ATR)**
>
>
Teslicko, David (ATR)**
ov>
v>
**
Contains Confidential Informaton
Page 17 of 25
Page 2 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)

Antitrust
Division
Teslicko, David
(ATR)**
Arpit Garg - L**

011-
Antitrust
Division
Wessels, James H CIV
Wolin, Michael
OSD OUSD A-S (USA)
(ATR)**
>
gov>
Ricci, Brendan M CIV OSD
OUSD A-S (USA)
1/9/
RE: [EXTERNAL]
Re: DOJ Antitrust
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
1/9/
Attorney-Client;
RE: Inquiry from
Department of Justice, Work Product;
Deliberative
Antitrust Division
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
>; Alvarez, Julio C CTR (USA)
>; Prasad, Sivram D CIV OSD
OGC (USA)**
>; Nierlich, George (ATR)**
;
Hough, Marymichael (ATR)
ov>; Pritchett, Chase (ATR)**
;
Wolin, Michael (ATR)**

** = Denotes Attorneys
Contains Confidential Informaton
Page 18 of 25
Page 3 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
011-
Antitrust
Division
Alvarez, Julio C CTR
(USA)
Wolin, Michael (ATR)**
ov>
1/9/
[EXTERNAL]
Automatic reply:
Inquiry from
Department of Justice,
Antitrust Division
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
1/9/
[EXTERNAL] RE:
Inquiry from
Department of Justice,
Antitrust Division
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
>

011-
Antitrust
Division
Wessels, James H CIV Wolin, Michael (ATR)** Ricci, Brendan M CIV OSD
OSD OUSD A-S (USA) ov>
>; Alvarez, Julio C CTR (USA)
>; Prasad, Sivram D CIV OSD
OGC (USA)**
>; Nierlich, George (ATR)**
;
Hough, Marymichael (ATR)
ov>; Pritchett, Chase (ATR)**

** = Denotes Attorneys
Contains Confidential Informaton
Page 19 of 25
Page 4 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
Contains Confidential Informaton

011-
Antitrust
Division
Gardner, Matthew
Wolin, Michael (ATR)** Lem, Jacklin (ATR)**
;
Ehrlich, Colleen
ov>
>
1/9/
FW: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.

011-
Antitrust
Division
Gardner, Matthew
Wolin, Michael (ATR)** Lem, Jacklin (ATR)**
;
Ehrlich, Colleen
ov>
1/9/
FW: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.

011-
Antitrust
Division
Gardner, Matthew
Wolin, Michael
(ATR)**
gov>
1/10/
RE: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
** = Denotes Attorneys
Lem, Jacklin (ATR)**
v> ;
Ehrlich, Colleen
;
Hough, Marymichael (ATR)
ov>; Wolin, Michael (ATR)**

Page 20 of 25
Page 5 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
Wolin, Michael (ATR)** Lem, Jacklin (ATR)**
;
Ehrlich, Colleen
ov>
>;
Hough, MaryMichael (ATR)
ov>

011-
Antitrust
Division
Gardner, Matthew
<

011-
Antitrust
Division
Gardner, Matthew
Wolin, Michael
(ATR)**
gov>
Lem, Jacklin (ATR)**
> ;
Ehrlich, Colleen
1/10/
RE: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
1/10/
RE: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
1/10/
RE: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
Hough, Marymichael (ATR)
ov>

011-
Antitrust
Division
** = Denotes Attorneys
Gardner, Matthew
Wolin, Michael (ATR)** Lem, Jacklin (ATR)**
;
Ehrlich, Colleen
ov>
;
Hough, Marymichael (ATR)
ov>
Contains Confidential Informaton
Page 21 of 2
Page 6 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
011-
Antitrust
Division
Gardner, Matthew
Wolin, Michael (ATR)** Lem, Jacklin (ATR)**
;
Ehrlich, Colleen
ov>
1/10/
RE: [EXTERNAL]
OIG Request for
Assistance
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
1/11/
[EXTERNAL] RE:
Inquiry from
Department of Justice,
Antitrust Division
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
Hough, MaryMichael (ATR)
ov>

011-
Antitrust
Division
Wessels, James H CIV Wolin, Michael (ATR)** Ricci, Brendan M CIV OSD
OSD OUSD A-S (USA) ov>
>; Alvarez, Julio C CTR (USA)
>; Prasad, Sivram D CIV OSD
OGC (USA)**
>; Nierlich, George (ATR)**
;
Hough, Marymichael (ATR)
ov>; Pritchett, Chase (ATR)**

** = Denotes Attorneys
Contains Confidential Informaton
Page 22 of 25
Page 7 PageID# United States, et al. v. Google LLC , No. 1:23-cv-108 (E.D. Va.)
Privilege Log (dated June 26, 2023)
011-
Antitrust
Division
Wessels, James H CIV
Wolin, Michael
OSD OUSD A-S (USA)
(ATR)**
>
gov>
Ricci, Brendan M CIV OSD
OUSD A-S (USA)
1/11/
Attorney-Client;
RE: Inquiry from
Department of Justice, Work Product;
Deliberative
Antitrust Division
Process
Confidential communication from counsel for United States made in the
course of their providing legal advice regarding potential violation of
Section 4A of the Clayton Act related to purchases of digital advertising
by agencies and divisions of the United States government; made in
anticipation of litigation against Google for violations of Sections 1 and of the Sherman Act and Section 4A of the Clayton Act; and made in the
course of Antitrust Division staff providing opinions and
recommendations in connection with decision on whether to file a case
against Google for violations of Sections 1 and 2 of the Sherman Act and
Section 4A of the Clayton Act.
1/12/
RE: Inquiry from
Antitrust Division re
DOJ Digital
Advertising
Attorney-Client;
Work Product;
Deliberative
Process
Confidential communication to counsel for United States providing
information requested for the purpose of providing legal advice regarding
potential violation of Section 4A of the Clayton Act related to purchases
of digital advertising by agencies and divisions of the United States
government; made in anticipation of litigation against Google for
violations of Sections 1 and 2 of the Sherman Act and Section 4A of the
Clayton Act; and made in the course of Antitrust Division staff providing
opinions and recommendations in connection with decision on whether to
file a case against Google for violations of Sections 1 and 2 of the
Sherman Act and Section 4A of the Clayton Act.
>; Alvarez, Julio C CTR (USA)
>; Prasad, Sivram D CIV OSD
OGC (USA)**
>; Hough, Marymichael (ATR)
ov>; Pritchett, Chase (ATR)**
;
Wolin, Michael (ATR)**


011-
Antitrust
Division
** = Denotes Attorneys
Wolin, Michael (ATR)**
Rutizer, Sasha N.
(OJP)**

j.gov>
Contains Confidential Informaton
Page 23 of 25
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