DOJ Charges Google with Possessing “Trifecta of Monopolies” in Ad Tech on Trial’s Opening Day

DOJ Charges Google with Possessing "Trifecta of Monopolies" in Ad Tech on Trial's Opening Day

DOJ Charges Google with Possessing “Trifecta of Monopolies” in Ad Tech on Trial’s Opening Day


### Google Confronts Significant Antitrust Trial Regarding Ad Tech Supremacy

On Monday, September 9, 2024, the US Department of Justice (DOJ) initiated its third notable antitrust trial against Google, this time aimed at the tech titan’s supremacy in the digital advertising technology (ad tech) sector. The trial, taking place in Alexandria, Virginia, follows two major legal setbacks for Google, where courts determined the company possessed monopolies in both **general search** and the **Android app marketplace**. Currently, the DOJ is zeroing in on Google’s ad tech operations, which are purportedly suppressing competition and negatively impacting both advertisers and publishers.

### The DOJ’s Allegations Against Google

In its **complaint**, the DOJ charges Google with methodically hijacking the digital advertising marketplace, encompassing tools utilized by publishers, advertisers, and intermediaries. The DOJ claims that Google’s anti-competitive behaviors have enabled it to retain at least **30 cents of each advertising dollar** processed through its ad tech tools, with opportunities for even greater profits in certain circumstances. This, the DOJ contends, culminates in **elevated costs for advertisers** and **diminished earnings for publishers**, hindering competition and innovation within the ad tech industry.

During her opening remarks, DOJ attorney **Julia Tarver Wood** highlighted the seriousness of the issue, asserting, “One monopoly is troubling, but a trifecta of monopolies is our reality.” Wood contended that Google has skewed the rules of ad auctions to its benefit, leaving publishers with minimal options. The DOJ intends to call various publishers as witnesses, including executives from **USA Today**, **News Corp.**, and the **Daily Mail**, to articulate the damages inflicted by Google’s actions.

### Google’s Counterarguments

Google, led by chief attorney **Karen Dunn**, has countered the DOJ’s assertions. Dunn maintained that Google operates in a fiercely competitive environment, contending with challengers such as **Microsoft**, **Amazon**, and **Disney**, as well as smaller firms like **Criteo** and **The Trade Desk**. Google asserts that its ad tech tools are favored for being **straightforward, economical, and efficient**, and insists that dismantling its ad business would merely advantage other tech behemoths, offering little improvement to competition.

In a blog post released the day prior to the trial, Google cautioned that efforts to dismantle its ad operations could detrimentalise **small enterprises** and **publishers** reliant on its tools. Google argued that its ad tech fees are below industry norms and that the DOJ’s actions could elevate costs for advertisers and decrease returns for publishers. “Let’s not disrupt what’s functioning,” read the blog.

### The Stakes: A Potential Dissolution of Google’s Ad Operations

This ad tech trial is projected to last **four to six weeks**, and experts assert it may be the most pivotal of the recent antitrust proceedings against Google. Unlike the search monopoly situation, where the DOJ remains vague on possible remedies, the DOJ has been clear in this instance. It is requesting the court to mandate the **divestiture of Google’s Ad Manager suite**, which oversees many of the display ads seen online.

Antitrust specialists suggest that a defeat in this case could trigger substantial restructuring of Google’s operations. **Shubha Ghosh**, an antitrust authority, proposed that if the DOJ prevails, it could pave the way for breaking Google into distinct search and advertising entities. The DOJ’s claims propose that reviving competition in the ad tech landscape necessitates reversing Google’s anti-competitive acquisitions and halting its exclusionary tactics.

### The Impact on Publishers and Advertisers

The DOJ asserts that Google’s hold over ad tech has compelled publishers to employ its tools, even when superior alternatives may be available, due to the **exclusive connection** Google has established between its ad server and its advertising demand. This has resulted in a stagnant competitive landscape, with no new publisher ad servers emerging in recent times. Consequently, publishers have had to increase ad placements on their websites, place content behind paywalls, or, in select scenarios, shut down entirely.

The initial witness summoned by the DOJ was **Tim Wolfe**, an executive from **Gannett Co.**, which publishes **USA Today** among other newspapers. Wolfe testified that Gannett feels it is compelled to use Google’s ad tech offerings, despite Google taking a **20% share** of every ad dollar. Gannett has previously litigated against Google, alleging that its practices have contributed to the closure of over **170 publications** since 2019.

### Google’s Wider Legal Challenges

This trial is merely one of several legal difficulties Google is confronting. The company recently experienced a major loss regarding its search monopoly, and the DOJ is anticipated to suggest remedies for that case by **December 2024**. Analysts project that Google could incur substantial financial penalties and be required to divest