Google Accused Of Suppressing Internal Communications To Avoid Antitrust Scrutiny: Report
The report also revealed that Google's instant messaging system was altered to default to "off the record" mode, ensuring that chat messages would automatically delete after 24 hours
Google has been accused of systematically suppressing its internal communications to sidestep antitrust investigations, according to a New York Times (NYT) report. The company allegedly implemented these practices as early as 2008 when it faced scrutiny over an advertising deal with Yahoo.
A confidential memo instructed employees to avoid speculative or sarcastic comments and to refrain from discussing sensitive topics without full knowledge of the facts, the report claimed.
The NYT report also revealed that Google's instant messaging system was altered to default to "off the record" mode, ensuring that chat messages would automatically delete after 24 hours. This practice allegedly helped the company avoid creating a paper trail that could be used in legal proceedings.
The Times investigation, based on documents and testimony from three recent antitrust trials, paints a picture of a company deeply cautious about its internal communications. Employees were reportedly encouraged to label documents as "attorney-client privileged" and include company lawyers in discussions — regardless of whether legal advice was necessary.
US law mandates companies involved in litigation to preserve relevant documents. However, Google allegedly excluded instant messaging from these legal holds, leaving it up to employees to activate chat history manually. Evidence presented during the trials suggested that few employees opted to do so.
Judges in the three antitrust cases have criticised Google for its communication practices. Judge James Donato of the US District Court for the Northern District of California, overseeing the 2020 Epic Games case, described Google’s behaviour as "a frontal assault on the fair administration of justice” and accused the company of fostering “a systemic culture of suppression".
In a separate case regarding advertising technology, a Virginia district court judge noted that Google’s policies likely resulted in significant destruction of evidence.
Kent Walker, Google's Chief Legal Officer, testified during the Epic trial, arguing that the company's approach stemmed from being overwhelmed by a flood of emails and documents during its early years. Walker denied any intent to conceal evidence, attributing the communication practices to confusion among employees about proper terminology.
Despite this defence, Walker’s 2008 memo, co-signed with then-engineering executive Bill Coughran, outlined a policy for automatically purging chat messages — a move now seen as emblematic of the company’s broader approach to document retention.
In response to mounting criticism, Google revised its communication policies last year. Chat histories are now saved by default, including those for employees involved in litigation. The changes mark a shift in the company’s approach but come after years of scrutiny and judicial censure.
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