Google filed a motion on Friday in a Virginia federal court asking for the Department of Justice’s antitrust lawsuit against it to be thrown away. The DOJ sued Google in January 2023, accusing the company of monopolizing digital advertising technologies through “anticompetitive and exclusionary conduct.” Per Bloomberg, Google is now seeking summary judgment to avoid the case going to trial in September as planned.

Attorney General Merrick B. Garland said at the time the lawsuit was first announced that Google “has used anticompetitive, exclusionary, and unlawful conduct to eliminate or severely diminish any threat to its dominance over digital advertising technologies.” The lawsuit alleges that Google controls digital advertising tools to such an extent that it “pockets on average more than 30 percent of the advertising dollars that flow through its digital advertising technology products,” according to a press release from the agency last year.

Google now argues that that the DOJ hasn’t shown that the company controls at least 70 percent of the market, which some previous cases have used as the threshold for qualifying as a monopoly, and that the agency “made up markets specifically for this case,” according to Bloomberg, excluding its major competitors like social media platforms. The company also claims the DOJ’s case goes “beyond the boundaries of antitrust law,” Reuters reports.

Engadget is a web magazine with obsessive daily coverage of everything new in gadgets and consumer electronics