United States et al v. Google LLC Document 368: Memorandum in opposition, Attachment 23

Virginia Eastern District Court
Case No. 1:23-cv-00108-LMB-JFA
Filed August 31, 2023

Memorandum in Opposition re [317] MOTION for Judgment on the Pleadings or to Strike as to Google's Tenth and Thirteenth Affirmative Defenses, or in the Alternative for a Protective Order filed by Google LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 SEALED, # (3) Exhibit 3 SEALED, # (4) Exhibit 4 SEALED, # (5) Exhibit 5 SEALED, # (6) Exhibit 6 SEALED, # (7) Exhibit 7 SEALED, # (8) Exhibit 8 SEALED, # (9) Exhibit 9 SEALED, # (10) Exhibit 10 SEALED, # (11) Exhibit 11 SEALED, # (12) Exhibit 12 SEALED, # (13) Exhibit 13 SEALED, # (14) Exhibit 14, # (15) Exhibit 15 SEALED, # (16) Exhibit 16 SEALED, # (17) Exhibit 17 SEALED, # (18) Exhibit 18 SEALED, # (19) Exhibit 19 SEALED, # (20) Exhibit 20 SEALED, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24)(Reilly, Craig)

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EXHIBIT 23

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
- against -
Civil Action No. 1:23-cv-00108LMB-JFA
GOOGLE LLC,
Defendant.
GOOGLE LLC’s FIRST SET OF REQUESTS FOR PRODUCTION
TO THE UNITED STATES
Pursuant to Federal Rules of Civil Procedure 26 and 34 (“Federal Rules”), Defendant
Google LLC hereby requests that Plaintiff United States produce documents responsive to the
requests set forth below.
INSTRUCTIONS
1.
In addition to the specific instructions set forth below, these Requests incorporate
the instructions set forth in Federal Rules 26 and 34, the Local Rules of the United States District
Court for the Eastern District of Virginia (“Local Rules”), the Stipulation and Order Regarding
Discovery Procedure (“ESI Order”) (to be entered), and the Confidentiality Order (to be entered),
or the operative version of those Orders in place at the time production is made. Subject to a valid
claim of privilege, please produce the entire document if any part of that document is responsive.
2.
Please produce all requested documents in Your possession, custody, or control, or
available to You, or to which You may gain access through reasonable effort, including
1

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Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents reflecting its document retention policies and any changes thereto.
REQUEST FOR PRODUCTION NO. 37: Separately for each agency and department of the
United States that is a “buyer[] of open web display advertising” (as alleged in Paragraph 341 of
Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents concerning information and advice about Display Advertising (including
studies, analyses, and reports) received from advertising consultants or Agencies and information
shared with advertising consultants or Agencies about Display Advertising.
REQUEST FOR PRODUCTION NO. 38: All documents that You received from the Federal
Trade Commission concerning any investigation, whether formal or informal, that You or the
Federal Trade Commission have considered or conducted since 2007 into Google’s Ad Tech
Products or Display Advertising business, including documents concerning Google’s acquisitions
of DoubleClick, AdMob, Invite Media, or AdMeld.
REQUEST FOR PRODUCTION NO. 39: All documents You exchanged with the Federal
Trade Commission concerning the initiation of any investigation, whether formal or informal,
related to Google’s Ad Tech Products or Display Advertising business, including preliminary
investigation memoranda and communications concerning the clearance process.
REQUEST FOR PRODUCTION NO. 40: All documents concerning any questions, concerns,
inquiries, or complaints, whether formal or informal, related to Assistant Attorney General
Jonathan Kanter’s participation in the Investigation and/or this Action, including the decision to
bring this Action, in light of his (a) prior representation of providers of Ad Tech Products and/or
organizations connected to Display Advertising; or (b) actual or perceived adversity to Google.
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Dated: March 27,
Respectfully Submitted,
_________________________
Eric Mahr (pro hac vice)
Tyler Garrett (VSB # 94759)
FRESHFIELDS BRUCKHAUS
DERINGER US LLP
700 13th Street NW, 10th Floor
Washington, DC Telephone: (202) 777-Facsimile: (202) 777-Email: eric.mahr@freshfields.com
CRAIG C. REILLY (VSB # 20942)
209 Madison Street
Alexandria, VA Telephone: (703) 549-Facsimile: (703) 549-Email: Craig.reilly@ccreillylaw.com
Counsel for Google LLC
29

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PDF Page 2	Case 1:23-cv-00108-LMB-JFA Document 368-23 Filed 08/31/23 Page 1 of 4 PageID# 5623 EXHIBIT 23

PDF Page 3	Case 1:23-cv-00108-LMB-JFA Document 368-23 Filed 08/31/23 Page 2 of 4 PageID# 5624 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES, et al., Plaintiffs, - against - Civil Action No. 1:23-cv-00108LMB-JFA GOOGLE LLC, Defendant. GOOGLE LLC’s FIRST SET OF REQUESTS FOR PRODUCTION TO THE UNITED STATES Pursuant to Federal Rules of Civil Procedure 26 and 34 (“Federal Rules”), Defendant Google LLC hereby requests that Plaintiff United States produce documents responsive to the requests set forth below. INSTRUCTIONS 1. In addition to the specific instructions set forth below, these Requests incorporate the instructions set forth in Federal Rules 26 and 34, the Local Rules of the United States District Court for the Eastern District of Virginia (“Local Rules”), the Stipulation and Order Regarding Discovery Procedure (“ESI Order”) (to be entered), and the Confidentiality Order (to be entered), or the operative version of those Orders in place at the time production is made. Subject to a valid claim of privilege, please produce the entire document if any part of that document is responsive. 2. Please produce all requested documents in Your possession, custody, or control, or available to You, or to which You may gain access through reasonable effort, including 1

PDF Page 4	Case 1:23-cv-00108-LMB-JFA Document 368-23 Filed 08/31/23 Page 3 of 4 PageID# 5625 Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period, produce all documents reflecting its document retention policies and any changes thereto. REQUEST FOR PRODUCTION NO. 37: Separately for each agency and department of the United States that is a “buyer[] of open web display advertising” (as alleged in Paragraph 341 of Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period, produce all documents concerning information and advice about Display Advertising (including studies, analyses, and reports) received from advertising consultants or Agencies and information shared with advertising consultants or Agencies about Display Advertising. REQUEST FOR PRODUCTION NO. 38: All documents that You received from the Federal Trade Commission concerning any investigation, whether formal or informal, that You or the Federal Trade Commission have considered or conducted since 2007 into Google’s Ad Tech Products or Display Advertising business, including documents concerning Google’s acquisitions of DoubleClick, AdMob, Invite Media, or AdMeld. REQUEST FOR PRODUCTION NO. 39: All documents You exchanged with the Federal Trade Commission concerning the initiation of any investigation, whether formal or informal, related to Google’s Ad Tech Products or Display Advertising business, including preliminary investigation memoranda and communications concerning the clearance process. REQUEST FOR PRODUCTION NO. 40: All documents concerning any questions, concerns, inquiries, or complaints, whether formal or informal, related to Assistant Attorney General Jonathan Kanter’s participation in the Investigation and/or this Action, including the decision to bring this Action, in light of his (a) prior representation of providers of Ad Tech Products and/or organizations connected to Display Advertising; or (b) actual or perceived adversity to Google. 28

PDF Page 5	Case 1:23-cv-00108-LMB-JFA Document 368-23 Filed 08/31/23 Page 4 of 4 PageID# 5626 Dated: March 27, 2023 Respectfully Submitted, _________________________ Eric Mahr (pro hac vice) Tyler Garrett (VSB # 94759) FRESHFIELDS BRUCKHAUS DERINGER US LLP 700 13th Street NW, 10th Floor Washington, DC 20005 Telephone: (202) 777-4500 Facsimile: (202) 777-4555 Email: eric.mahr@freshfields.com CRAIG C. REILLY (VSB # 20942) 209 Madison Street Alexandria, VA 22314 Telephone: (703) 549-5354 Facsimile: (703) 549-5355 Email: Craig.reilly@ccreillylaw.com Counsel for Google LLC 29


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