SCOTUS Rules Against South Carolina Agency in Google Antitrust Case

The U.S. Supreme Court has refused a South Carolina state agency’s request to withhold information from Google, which the tech giant seeks to bolster its defense in a high-profile antitrust case. The court, in an order issued by Chief Justice John Roberts, dismissed an appeal from the state’s Department of Parks, Recreation, and Tourism (SCPRT), which had argued that it should not be compelled to comply with Google’s subpoenas.

Google is embroiled in a lawsuit led by Texas and South Carolina, along with 15 other states, that accuses the company of monopolizing digital advertising, allegedly inflating prices through its advertising technology. According to Reuters, Google has consistently denied the allegations, and the case is set to go to trial in March 2025 in a Texas federal court.

The information Google seeks from the South Carolina agency relates to its use of the company’s advertising products and any evaluations of both Google’s offerings and those of its competitors. SCPRT, although not a named plaintiff in the antitrust lawsuit, has pushed back against the subpoenas, arguing that it is not a direct representative of the state and therefore should be immune from compliance. However, the Richmond-based 4th U.S. Circuit Court of Appeals ruled in June that Google could demand records from the agency.

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Per Reuters, Google pointed out that other state agencies involved in the lawsuit have already complied with similar subpoenas. The Supreme Court’s recent ruling does not mark the end of the battle for SCPRT, which has separately appealed the 4th Circuit’s decision, seeking a review from the justices.

For now, the Supreme Court’s decision means the South Carolina agency must either turn over the requested documents or face potential contempt charges. Legal experts indicate that the justices could still choose to take up the case later, leaving some uncertainty over the agency’s next steps.

This case, South Carolina Department of Parks, Recreation and Tourism v. Google, underscores the complexity of the sprawling legal battle over Google’s dominance in the digital ad market. The stakes are high for the company, as the March 2025 trial will address significant claims about whether its practices have unlawfully stifled competition.

Attorneys representing SCPRT include R. Walker Humphrey II, Mitchell Willoughby, Margaret O’Shields, and Hunter Pope of Willoughby Humphrey & D’Antoni. On Google’s side, the legal team includes prominent figures such as Neal Katyal, Jessica Ellsworth, and William Havemann of Hogan Lovells.

Source: Reuters