During the hearing, Match Group said that an employee was contacted the night before by Google regarding the company’s hearing testimony

Klobuchar and Lee: “We are deeply troubled by the possibility that Google may have attempted to influence another witness’s testimony”

WASHINGTON – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT), Chair and Ranking Member of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, sent a letter to Wilson White, Senior Director of Government Affairs and Public Policy at Google, requesting information about Google’s conversation with Match Group in advance of last week’s antitrust hearing focused on app stores and mobile app competition.

During the hearing, Jared Sine, Chief Legal Officer and Secretary at Match Group, said that Google called a Match employee the night before to question the company’s testimony for the hearing. Transcript of that exchange below: 

Senator Klobuchar: Alright, so one of the things that I’ve noticed as we’ve talked to people affected by all of this and the commission fees and the like, they’ve come forward, and a lot of them -- I’m not going to give their names publicly because they’re actually afraid to testify, I guess I don’t blame them because they feel it’s going to hurt their business, they are going to get intimidated..... Mr. Sine, have you had any examples of retaliation for coming forward?

Mr. Sine: Senator, we have had outreach with respect to our coming forward, so for sure.

Senator Klobuchar: By who?

Mr. Sine: By Google.

Senator Klobuchar: What happened?

Mr. Sine: They called us last night after our testimony became public to ask us why our testimony was different than what we’d said about the situation in our earnings call earlier this year.

In the letter, Klobuchar and Lee wrote that they “are deeply troubled by the possibility that Google may have attempted to influence another witness’s testimony.”

The Senators continued: “Any efforts to retaliate against those who speak up about public policy issues or possible legal violations are unacceptable, especially by dominant companies that have the power to destroy the business of a whistle-blower. We feel an obligation to determine the facts about what occurred during Google’s conversation with Match on Tuesday evening.”

Full letter text can be found below and HERE.

Dear Mr. White:

We appreciate that you testified at our Subcommittee hearing, “Antitrust Applied: Examining Competition in App Stores,” last Wednesday. As you know, questions were raised at the hearing by Match Group’s witness about Google’s conversations with a Match employee the night before the hearing. We are deeply troubled by Match Group’s claims that Google may have attempted to influence another witness’s testimony.

Any efforts to retaliate against those who speak up about public policy issues or possible legal violations are unacceptable, especially by dominant companies that have the power to destroy the business of a whistle-blower. We feel an obligation to determine the facts about what occurred during Google’s conversation with Match on the evening of Tuesday, April 20, 2021.

Please respond to the following questions, in writing, by May 4, 2021:

  • Did anyone from Google or compensated by Google speak to anyone from Match Group or any of its affiliated companies on Tuesday, April 20, 2021 about the Subcommittee hearing? Please provide their name(s) and title(s).
  • Did anyone at Google or anyone compensated by Google make any other attempts to contact anyone at Match Group about its testimony prior to the hearing? If so, please describe those communications or attempted communications, including who participated and what was said.
  • Within Google, did anyone discuss making such a phone call to Match Group or any of its affiliated companies? If yes, please provide their names and titles.
  • What was said on the call?
  • Did anyone at Google or anyone compensated by Google seek legal advice on the implications of making such a call? If so, whose advice was sought?
  • Did anyone at Google or anyone compensated by Google make any notes or write any emails or other messages about the call? Please provide copies of any such documents.
  • Has anyone at Google or anyone compensated by Google communicated with anyone at Match Group about the Subcommittee hearing since we adjourned the hearing?
  • Did anyone at Google or anyone compensated by Google speak to any of the other witnesses at the Subcommittee hearing or anyone affiliated with the organizations employing such witnesses about their testimony in the week prior to the hearing? If so, please provide the above-requested information and documents for any such calls or other forms of communication, including emails.

As we continue to hold bipartisan hearings and investigate the state of competition in the American economy, we must have confidence that our work is not undermined by any efforts to affect truthful testimony. Witness intimidation in any form will not be tolerated.

We appreciate your prompt attention to these questions.

# # #