While Google’s strategy eliminated the short-term risk of a potentially volatile jury, it exposed the company to a devastating, long-term issue preclusion risk. This article explains why Google’s bench-trial gamble backfired, and what antitrust defendants can learn from it.

Sofia Arguello attended the 2025 Antitrust in the Americas Conference. The conference explored the latest in competition, data privacy, and consumer protection across the Americas. It featured in-depth panels on the most pressing competition enforcement and policy issues shaping markets in the region, with insights from top government enforcers, corporate counsel, and leading practitioners.