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The Judge Deciding Google’s Fate

The Judge Deciding Google’s Fate


One of Amit P. Mehta’s first instances after turning into a federal judge in late 2014 proved to be a crash course in antitrust.

Sysco, the nation’s largest distributor of meals to eating places and cafeterias, was attempting to purchase the rival US Foods, and the Federal Trade Commission had sued to dam the $3.5 billion deal, arguing that it could stifle competitors.

Judge Mehta advised attorneys on either side that he would want assist educating himself. Over the subsequent few months, he was a tireless and vibrant scholar, in response to attorneys for the federal government and Sysco, absorbing the small print of antitrust legislation and asking sharp questions on precedents, financial idea and the food-distribution enterprise.

After the trial in 2015, Judge Mehta wrote a complete, carefully reasoned 128-page opinion and ordered a brief halt to the deal. Within days, Sysco deserted its acquisition plan.

“I didn’t just like the outcome, however it was a well-thought-out, strong opinion,” mentioned Richard Parker, who represented Sysco and is now a accomplice on the worldwide legislation agency Milbank.

Judge Mehta, 52, will quickly be bringing his expertise from that case to assist make a landmark antitrust resolution.

Joined by a gaggle of state attorneys basic, the Justice Department sued Google in U.S. District Court for the District of Columbia, alleging that the corporate illegally protected its monopoly in web search, partly by paying billions to steer corporations, together with Apple and Samsung, to make use of its search engine. Google has countered that it did so to create one of the best expertise for shoppers.

Closing arguments are scheduled for Thursday and Friday in probably the most vital federal swimsuit difficult a tech big for the reason that authorities took on Microsoft within the Nineteen Nineties. Judge Mehta’s ruling can be more likely to set a precedent for a collection of U.S. antitrust instances which are already within the pipeline towards corporations together with Amazon, Apple and Meta.

While the stakes are far greater at this time, Judge Mehta’s dealing with of the Sysco case — his earlier main antitrust ruling — matches a constant sample, in response to 10 former legislation agency colleagues, former legislation clerks, antitrust specialists and attorneys whose instances he has tried. They described the judge as sensible and cautious, a tough employee and a voracious learner who made a real effort to completely weigh either side of a case.

He doesn’t have a voluminous document of antitrust rulings, except for Sysco. While it’s exhausting to foretell the way in which he’ll rule, his judicial conduct thus far means that no matter he decides in U.S. et al. v. Google will most probably show tough to overrule on enchantment.

“It’s been a particularly lengthy, arduous street, and that’s not simply this trial however the period of the case,” Judge Mehta mentioned in November as testimony within the trial drew to an in depth. “I can inform you, as I sit right here at this time, I don’t know what I’m going to do.”

Judge Mehta tells his legislation clerks {that a} honest trial begins with exhausting work and preparation. You by no means know what could also be necessary in a case, he says, so learn each web page, examine each case legislation quotation.

“You study there’s no certain to the hours he’ll put in to get it proper,” mentioned Alex Haskell, a former legislation clerk who just lately left the White House, the place he was a prime legislative aide.

Judge Mehta declined an interview request via his chambers.

Born in India, he got here to America together with his household when he was 1 12 months outdated. His father, Priyavadan Mehta, was an engineer; his mom, Ragini Mehta, a laboratory technician. They settled in suburban Baltimore.

Judge Mehta graduated from Georgetown University and the University of Virginia School of Law with tutorial honors. He peeled off from a rising profession at Zuckerman Spaeder, a litigation boutique, to develop into a public defender for 5 years, taking a wage minimize for a unique type of alternative.

“He actually wished to try this work, signify individuals who couldn’t afford it,” mentioned William W. Taylor III, a founding accomplice of Zuckerman Spaeder.

The stint as a public defender gave Judge Mehta a wealth of courtroom expertise — good coaching for a future judge. He returned to Zuckerman Spaeder and later turned a accomplice, working as a prison and civil protection lawyer on a variety of instances. In 2014, the Obama administration nominated him to be a federal judge, and he was confirmed that December.

Judge Mehta was randomly assigned to the Google case in October 2020, after the Trump administration’s Justice Department filed its antitrust swimsuit.

In the trial, Judge Mehta requested witnesses occasional questions, largely for elaboration and clarification. He has additionally sometimes deployed humor within the otherwise-staid proceedings, joking on the trial’s opening day that the courtroom stuffed with attorneys had “the very best focus of blue fits in anyone location.”

But his main function in shaping the case got here earlier than the trial started, in a ruling final August that narrowed its scope.

Judge Mehta determined that the federal government might proceed to trial with its allegation that Google illegally shielded its monopoly with multibillion-dollar offers to make its search engine the default on smartphones and browsers. But he dominated out different claims, together with the cost that Google broke the legislation by boosting its personal merchandise in search outcomes over these of specialised websites, like Amazon and Yelp.

Streamlining the case to what Judge Mehta deemed the core points helped hold the trial testimony at 10 weeks, as scheduled.

Early within the trial, Judge Mehta closed the courtroom largely to the press and public, bowing to arguments made by Google and different corporations that it was crucial to guard confidential enterprise data. After an outcry, Judge Mehta opened up the court docket three weeks into the trial.

Later, Judge Mehta conceded that this was a misstep. “I ought to have been slightly bit extra probing of the events as to how a lot of it actually wanted to be beneath seal,” he mentioned in court docket on Oct. 19. “So I’ll fess as much as that.”

Still, essential court docket paperwork remained closely or solely redacted. And paperwork weren’t being routinely shared with the press, even ones with out delicate data. After The New York Times, supported by different information organizations, filed a movement for larger and extra well timed entry to displays, Judge Mehta loosened issues up considerably and compelled Google to unseal extra paperwork. One notable disclosure: Google paid Apple and others greater than $26 billion a 12 months to make its search engine the default on smartphones and browsers.

It’s unclear what Judge Mehta will rule, authorized specialists say, partially as a result of he hasn’t demonstrated an overarching antitrust ideology. But he’s recognized for paying meticulous consideration to the proof and assessing whether or not it conforms to precedents in case legislation.

That fact-based, case-by-case strategy appeared as he dominated on prison fits towards pro-Trump rioters who had been concerned within the assault on the Capitol on Jan. 6, 2021.

Last May, Judge Mehta sentenced Stewart Rhodes, the chief of the far-right Oath Keepers militia and an organizer of the riot, to 18 years in jail after he was discovered responsible of seditious conspiracy. Mr. Rhodes, who pleaded not responsible, advised the court docket he was a “political prisoner.”

At his sentencing, Judge Mehta referred to as Mr. Rhodes “an ongoing risk and peril to this nation, to the republic and the very cloth of our democracy.”

But Judge Mehta handled Matthew Mark Wood, one of many first rioters to enter the Capitol constructing, very otherwise. Mr. Wood, who was 23 when he participated within the riot, expressed regret after pleading responsible to obstruction of an official continuing. Prosecutors requested a sentence of 57 months. But Judge Mehta sentenced Mr. Wood to 12 months of house detention, telling him, “I don’t assume this sentence ought to destroy your life.”

By all accounts, Judge Mehta is broadly learn and has various cultural tastes. In a music copyright case, he included a footnote that mentioned he didn’t want any knowledgeable testimony when it got here to hip-hop music and lyrics. He had listened to hip-hop for many years, he wrote, and his favourite artists, reflecting his age, included Jay-Z, Kanye West, Drake and Eminem.

Judge Mehta is a passionate sports activities fan, particularly on the subject of the Baltimore Orioles. At an occasion to have fun his appointment as a judge, Dr. Sanjay Desai, a buddy since childhood and a professor at Johns Hopkins Medicine, joked that the judge “will defend the Orioles it doesn’t matter what the info are.”

Though his courtroom expertise in antitrust is proscribed, Judge Mehta has been engaged within the discipline, serving as a judicial consultant to the American Bar Association’s antitrust division and infrequently talking at its occasions.

He presents himself as a “generalist federal judge,” then proceeds to indicate a classy understanding of antitrust legislation, mentioned William Kovacic, a legislation professor at George Washington University.

“It’s going to be tough for a reviewing court docket to say, ‘You acquired it fallacious,’” mentioned Mr. Kovacic, a former chairman of the F.T.C. “They will be predisposed to provide Judge Mehta the advantage of the doubt that they’ll belief his work.”

David McCabe contributed reporting. Kitty Bennett contributed analysis.

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