Home Online Advertising Court Hearing Offers A Sneak Peek Of Potential Remedies For Google’s Ad Tech Monopoly

Court Hearing Offers A Sneak Peek Of Potential Remedies For Google’s Ad Tech Monopoly

SHARE:
a scale with two plates suspended on either side of a central pivot, representing equilibrium and fairness, often in a stylized design.

In April, Google was found guilty of operating a monopoly over ad tech. Now it’s time for the fix-it phase.

On May 2, Judge Leonie Brinkema, who presided over the case, held a hearing in Alexandria, Virginia, where Google’s lawyers and attorneys from the Department of Justice convened to explore possible corrective measures to restore competition.

The trial portion of the remedies phase is officially scheduled to begin on September 22, which also happens to be the first day of Rosh Hashanah. (Oh well.)

At the hearing, the DOJ strongly advocated for a forced divesture of Google Ad Manager (GAM) as one way to break the exclusive tie that exists between Google’s ad server (DFP) and its ad exchange (AdX).

A breakup would be a multi-year process, however. And so, as a Phase One, the DOJ is also proposing a behavioral remedy that would give rival ad exchanges and ad servers real-time access to bidding data from AdX through Prebid. That means third-party vendors could participate in auctions on an equal footing with Google.

Google, unsurprisingly, strongly opposes a forced breakup.

But what about the other potential remedy involving making real-time bids available to competitors? Google’s actually down with that.

It’s time to behave

During the hearing, Karen Dunn, Google’s lead attorney, told the judge that Google would be willing to make real-time bid amounts from AdX available to all rival ad servers for open web display ads.

And in Google’s view, doing so would settle the claims against it.

In a statement, Lee-Anne Mulholland, Google’s VP of regulatory affairs, said: “Today, the DOJ conceded Google’s proposed ad tech remedy fully addresses the court’s decision on liability.”

Meanwhile, “the DOJ’s additional proposals to force a divestiture of our ad tech tools go well beyond the court’s findings, have no basis in law and would harm publishers and advertisers,” Mulholland added.

Google is also offering to deprecate unified pricing rules (UPR) for open web display ads. Unified pricing rules were introduced by Google in 2019 ostensibly to simplify how ads are priced and managed within Google’s ad stack.

But UPR also required publishers using GAM to have the same minimum price floor across all exchanges, which meant they could no longer set different prices for different buyers.

There was a ton of backlash from publishers against unified pricing rules at the time, and UPR was a main topic of debate during the trial. Google claims that UPR increases transparency and maximizes revenue for publishers by encouraging higher bids for inventory.

Beyond sharing real-time bid info and getting rid of UPR as remedies, Google’s lawyers also told Judge Brinkema that the company would commit to never reintroducing its first-look or last-look advantage for open web display ad auctions.

Just the beginning

Google may believe its proposed remedies should satisfy the court – but the DOJ doesn’t quite see it that way.

“Behavioral remedies are not sufficient because you can’t prevent Google from finding a new way to dominate,” Julia Tarver Wood, a senior DOJ attorney, told the court, according to a report by Agence France-Presse.

So, the government still plans to push for a breakup, and Google will still appeal the court’s decision. Google can’t appeal, however, until the remedies phase is over.

In terms of what’s next, the DOJ and Google will spend the next roughly five months getting ready for the remedies trial to kick off on September 22.

Factual discovery – which is the legal process where evidence and information about the facts of a case are exchanged between parties before trial – will begin immediately.

Detailed write-ups from each party about the proposed remedies they discussed during the hearing on Friday are due to the court by Monday, May 5.

Must Read

PubMatic’s Agentic AI Is Going Beyond Direct Deals

PubMatic has run more than 30 fully autonomous, end-to-end agentic campaigns through the SSP’s AgenticOS platform, in addition to more than 1,000 direct publisher deals.

The Trade Desk Has A Grand Vision, But Needs A New Breed Of CMO To Make It A Reality

TTD CEO Jeff Green laid out the DSP’s plan for winning in a new world of advertising that – AI aside – necessitates major changes in how marketers behave.

A Publisher Didn’t Get Its UID2 Setup Right. The Trade Desk Didn’t Notice. What Went Wrong?

TTD confirmed that this CTV publisher’s errors would have made its UID2s useless for ad targeting. But TTD also said it wouldn’t have had enough information to flag the issue.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

Criteo Faces Tough Headwinds Until Agentic AI Ad Revenue Materializes

Criteo shares dropped by 20% Wednesday morning after the company reported shaky Q1 earnings and revised its guidance downward for the rest of the year.

Disney’s New CEO Is Focused On Two E’s: Engagement And ESPN

On Wednesday, Josh D’Amaro led his first earnings call as the new CEO of Disney. The company closed last quarter with $25.2 billion in revenue, a 7% year-over-year increase. Disney Entertainment advertising revenue rose 5% YOY, but ESPN ad revenue was down 2% YOY, although subscription and affiliate revenue was up 6%.

People Inc. Looks Inward For Growth As Its Search Traffic Downsizes

People Inc. previewed plans to downsize by focusing mainly on its key properties. The strategy makes sense considering its publishing portfolio has lost about two-thirds of its Google traffic.