In re Google Play Consumer Antitrust Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE GOOGLE PLAY STORE MDL Case No. 21-md-02981-JD
ANTITRUST LITIGATION
Member Case No. 20-cv-05761-JD
ORDER RE DECERTIFICATION AND
CLASS NOTICE
12 After developments in the expert witness opinions at the merits stage, the Court concluded that the opinions of Dr. Hal J. Singer with respect to the merits of the consumer plaintiffs’ antitrust claims must be excluded under Federal Rule of Evidence 702. See Dkt. No. 588. This raises a question of decertification of the consumer class. The Court certified the class, and denied Google’s motion to exclude Dr. Singer’s opinions in support of certification, because the record at the certification stage supported those decisions. See Dkt. No. 383. That is no longer the case. The Court has now excluded Dr. Singer’s pass-through formula and his opinions based on the application of that formula in this litigation. The pass-through formula was an essential element of the consumer plaintiffs’ argument in…