Google Allegedly Encouraged Evidence Destruction to Dodge Antitrust Scrutiny: Report

Per The New York Times, the tactics date back to 2008, when Google faced regulatory attention over a proposed advertising partnership with Yahoo. During this time, a confidential memo circulated within the company warned employees to be mindful of the language they used, as casually written messages could become evidence in future investigations. Employees were urged to “think twice” before discussing sensitive topics.

Alleged Evidence Destruction Practices

U.S. regulations require companies anticipating legal action to preserve relevant documentation. However, Google allegedly modified its internal communication systems to make message deletion the default setting. Responsibility for retaining chat histories was reportedly left to individual employees involved in legal disputes, raising questions about compliance with federal regulations.

An internal 2011 memo allegedly advised employees to avoid using language that could be construed as competitive or dominating. Phrases like “market share,” “dominance,” or “winning” were discouraged, with alternative terms suggested to avoid legal exposure. Additionally, employees were reportedly encouraged to label documents as “attorney-client privileged” and involve legal counsel — even for routine communications unrelated to legal matters.

Judicial Rebukes and Ongoing Legal Battles

Judges in multiple antitrust cases have criticized Google’s document retention policies. In a lawsuit brought by Epic Games, a California district court judge reportedly described the company’s practices as a “systemic culture of suppression of relevant evidence.” Similarly, in a Virginia case related to Google’s advertising technology, a judge noted that the company’s approach likely led to the destruction of crucial evidence.

Related: DOJ Seeks Historic Chrome Browser Divestiture in Antitrust Case Against Google

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A Columbia district court also reviewed documents Google withheld under claims of privilege, concluding that many did not qualify for such protections. The Justice Department has accused the company of employing these tactics to undermine investigations into its search engine dominance.

Google’s Defense

In response, Google maintains that it takes its obligations to preserve and produce relevant documents seriously. The company stated, “We have for years responded to inquiries and litigation, and we educate our employees about legal privilege.”

Despite these assurances, critics, including Gonzaga University law professor Agnieszka McPeak, have argued that Google’s actions suggest a deliberate effort to conceal information. “If they’ve got nothing to hide, people think, why are they acting like they do?” McPeak told The New York Times.

In the ongoing case against Epic Games, Google denied allegations that it misused attorney-client privilege to conceal documents, asserting that employees may not fully understand the implications of certain terminology.

Legal and Public Ramifications

The allegations come as Google faces increasing scrutiny from regulators worldwide over its dominance in online advertising and search. While the company asserts that any deleted conversations were not pivotal to the cases against it, the Justice Department argues that these gaps hindered their ability to establish key claims.

Source: NY Times