A D.C. federal judge rejected
Apple’s December motion to participate as a party in the case alongside Google was “untimely,” Judge Amit Mehta of the US District Court for the District of Columbia said.
The decision represents a blow for Apple, which claims it’s uniquely threatened by the Justice Department’s effort to overhaul Google’s business and restrict its payments to third-party distributors to ensure its search browser is the default option.
That effort stems from Mehta’s August decision saying Google monopolized web search through exclusive agreements with third parties such as Apple. Mehta will preside over a trial in April on the DOJ’s proposed remedies, which Google is fighting.
Apple didn’t immediately return a request for comment.
Apple argued in its motion to intervene that Google could no longer adequately cover its interests. But Mehta said that Apple had waited far too long, noting the company was on notice since the Justice Department sued Google in 2020 that the search deals would be under scrutiny.
He also said the court cannot “turn a blind eye” to the likelihood that other third parties that deal with Google would seek to intervene if it granted Apple’s motion.
Apple will, however, be able to participate as amicus curiae and file post-hearing submissions as the court considers remedies, Mehta said.
Google is represented by law firms including Williams & Connolly LLP. Apple is represented by Latham & Watkins.
The case United States v. Google LLC, D.D.C., 1/27/25.