Opinion

In re Google Play Consumer Antitrust Litigation

Court
District Court, N.D. California
Filed
Sep 13, 2023
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

1

2

3

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6

7 IN RE GOOGLE PLAY STORE MDL Case No. 21-md-02981-JD

ANTITRUST LITIGATION Member Case No. 20-cv-05761-JD

9 ORDER RE DECERTIFICATION OF

10 CONSUMER CLASS

11

12 In the consumer plaintiffs’ case, In re Google Play Consumer Antitrust Litigation, Case

5 13 No. 20-cv-05761-JD, the Court certified a class under Federal Rule of Civil Procedure 23(b)(3),

14 || and denied Google’s motion to exclude Dr. Singer’s testimony under Federal Rule of Evidence

3 15 || 702. Dkt. No. 383. This was because the record at the certification stage supported those

a 16 || decisions. See id.

3 17 That is no longer the case. Based on new developments in the record, the Court has now

18 || excluded Dr. Singer’s pass-through formula and his opinions based on the application of that

19 || formula in this litigation. See Dkt. No. 588.

20 The same pass-through formula was an essential element of the consumer plaintiffs’

21 argument in support of certification. See Dkt. No. 383. The order granting certification is

22 || consequently vacated, and the consumer class is decertified. See City of Los Angeles, Harbor

23 Division v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001). The parties’ associated

24 sealing motion, Dkt. No. 324, is terminated as moot.

25 IT IS SO ORDERED.

26 Dated: September 13, 2023

27

28 JAMES#PONATO

United ftates District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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