Can Huawei sue Google for refusing to offer its services like Google Map? Although Huawei was put on the entity list, Google not providing services to Huawei is very anti-competitive. Is there a legal avenue for Huawei outside of the U.S. and what about in the U.S.? What kind of legal challenge can Huawei launch against Google?
Let's assume that Google and Huawei had a valid contract that obliged Google to provide certain services and failing to provide them would be a clear breach of contract that would normally entitle Huawei to damages.
Once Huawei was put on the entity list so that supplying such services would be illegal under US law, the contract was discharged by frustration because performance of the contract is now illegal. That is, the contract is at an end and the future rights and obligations of both parties are a nullity.
Under contract law, if Hauwei had paid in advance for these services, too bad for Huawei. If Google was owed money for services already provided, too bad for Google. It’s possible that each party in those circumstances could bring an equity case for unjust enrichment but that is at the discretion of the court and would require, among other things, the aggrieved party having ‘clean hands’. As a prescribed organization, Huawei might struggle to do that.