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Google Apps (Photo : Reuters)

Google may see the antitrust lawsuit against them to be dismissed as the judge presiding over the case said that the plaintiffs' accusations are "speculative."

Android smartphone consumers filed in May a class action suit at the Northern District of California, alleging the U.S. based firm is forcing Android smartphone manufacturers to install its Google apps, including the Search and Maps app, on the devices.

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Under Google's "Mobile Application Distribution Agreements" original equipment manufacturers (OEM) sign when making Android devices, the Google Search app is required to be the smartphone or tablet's default search engine. Part of the agreement also requires specific placement of the apps, such as placing the Play Store app very near the home screen.

The prosecuting side said that Google is choking off rivals via its "anti-consumer scheme."

On the other hand, Google is arguing that the agreements it makes with smartphone giants, incuding HTC and Samsung, cannot be considered anti-competitive. It argues that users have the freedom to use other applications from its rivals, while the plaintiffs argue that most users do not bother to change apps, which is in favor to Google. Google lawyers also said that the antitrust case should be dismissed already as the opposing side do not have any substantial evidence showing the OEMs wanted to install rival apps.

According to a report from Reuters, Judge Beth Labson Freeman said on the Thursday hearing that the suit will most likely be dismissed as the plaintiff's basis is unclear and it concerns her.

However, the judge said that she is giving the prosecutors a chance to deliver more facts to support their arguments.

If the case against Google moves forward, the plaintiffs will most likely have access to internal documents from the Android creator and to conduct interview with the firm's executives under oath.

Judge Freeman said that more evidence is needed before she opens the "floodgates."