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Lachlan Murdoch asked Google chief to lift ban on start-up he backed

Paul Smith
Paul SmithTechnology editor

News Corp chairman Lachlan Murdoch made a personal plea to Google boss Sundar Pichai to remove a ban on an Australian technology start-up he backed, with newly tabled legal claims documenting that the tech boss refused and declared Google would take its chances in court.

The revelations are included in a filing to a Californian District Court, in a long-running stoush between Australian tech entrepreneur Matt Berriman and Google, which Mr Berriman hopes to show acted in an anti-competitive manner by banning his company Unlockd’s app from its platforms and, in effect, killing the company.

Unlockd founder Matt Berriman is hoping to have his day in court to show Google acted anti-competitively in killing his company. Alastair Bett

Last month, US judge Haywood S. Gilliam jnr agreed with Google’s claim that the case should not proceed to court because he was unconvinced Google’s conduct had harmed competition in the broader sector, as opposed to just injuring Unlockd.

However, he gave Unlockd the opportunity to file an amended claim to change his mind, which was lodged early on Friday, Australian time.

Unlockd’s revised claim highlights how its demise enabled Google to shut down an emerging avenue for consumers and advertisers to engage what was outside its control, and that Google had since sought to dominate the same area Unlockd was pioneering by buying a large stake in a company called Glance.

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At the time of its ban, Unlockd had been poised for an initial public offering that was expected to value it at $200 million, with a service that enabled commercial content to be served when an Android phone was unlocked, in exchange for rewards.

Alphabet chief executive Sundar Pichai, had previously written to colleagues about his concerns about other firms’ apps being on a phone’s lockscreen. Bloomberg

Mr Murdoch was one of a string of high-profile investors in Unlockd, which also included former Seven Group boss Peter Gammell, former Qantas chairwoman Margaret Jackson, and Catch of the Day founders Hezi and Gabby Leibovich.

The claim says that after having previously approved and encouraged Unlockd’s services, Google suddenly determined the app was in breach of its Android operating system terms of service, and expelled it from its platforms.

Mr Murdoch then sought to step in and reason with Mr Pichai, the documents say.

“Lachlan Murdoch ... in multiple communications, implored Google’s CEO to withdraw Google’s threats to terminate Unlockd,” the claim says.

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“Sundar Pichai, responded, in essence, by saying that Google would do what it wants and take its chances in court. Mr Pichai was effectively saying that Google ... will grind Unlockd down in litigation.”

Fighting Google in court is indeed an expensive business, and Mr Berriman has since secured external investors to fund his litigation.

Bigger picture

Google is currently embroiled in a broader US Justice Department antitrust case, which is looking at its dominance in search through multi-billion dollar payments to Apple that make it the only default search option on Apple devices.

On Thursday, old emails from Mr Pichai showed him talking to colleagues about Google’s strategy having bad “optics”.

Unlockd similarly highlights Mr Pichai’s prior concerns about the importance of advertising on a phone’s lockscreen, via emails from 2013, when he remarked that Google wasn’t available until after a phone was unlocked.

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“If we get placement on launcher, but Facebook and others are accessible from the lock screen, we’re not in good shape,” Mr Pichai wrote.

If Judge Gilliam sides with Google and declines to let the case go to trial, it will remove the possibility of further internal communication related to Unlockd being unearthed through discovery.

“After terminating Unlockd without legitimate business justification, Google has controlled and monitored the expansion of a competing digital advertising model of the type that Unlockd developed,” Unlockd’s claim says.

“Google has done that through its control and monitoring of Glance and its termination of Unlockd. Glance expanded in 2022 alone by 40 million active users to reach a level of 183 million users.

“Since Unlockd commenced this litigation, the rapid growth of Google-funded Glance, its continued expansion into the US market and valuation of over $2 billion demonstrate the attractiveness of various lines of business that Unlockd was pursuing.”

Paul Smith edits the technology coverage and has been a leading writer on the sector for 20 years. He covers big tech, business use of tech, the fast-growing Australian tech industry and start-ups, telecommunications and national innovation policy. Connect with Paul on Twitter. Email Paul at psmith@afr.com

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