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Google says DOJ's 'narrow view' of the adtech market is not based on reality ahead of antitrust trial

Natalie Musumeci,Lara O'Reilly   

Google says DOJ's 'narrow view' of the adtech market is not based on reality ahead of antitrust trial
  • The Department of Justice's latest antitrust case against Google opened Monday.
  • The DOJ accuses the tech giant of building an illegal monopoly of the digital advertising market.

Google and antitrust regulators are facing off in federal court over allegations that the tech giant built up an illegal monopoly of the $300 billion US digital advertising market.

The antitrust trial, which could result in a breakup of the internet behemoth, officially opened Monday in Alexandria, Virginia.

On Sunday, before the trial kicked off, Google's vice president for regulatory affairs argued in a blog post that the Justice Department — which sued the company last year for its dominance over digital advertising technologies — had it all wrong.

"The DOJ's narrow view of the ad tech market doesn't reflect reality," Lee-Anne Mulholland of Google wrote in the post. "We are one of hundreds of companies who actively compete to enable the placement of ads across the internet."

Mulholland said Google intends to show in court how the buyers and sellers of ads have "many options" and choose to use its adtech because it's "simple, affordable, and effective."

"By picking winners and losers in a highly competitive industry, the DOJ risks making it more expensive for small businesses to grow and for websites and apps to make money. Let's not break what's working," Mulholland wrote.

"The DOJ's case," Mulholland continued, "risks inefficiencies and higher prices — the last thing that America's economy or our small businesses need right now."

Google lawyer Karen Dunn argued that the government's case relies on an outdated view of the internet when desktop browsing on the World Wide Web was the norm.

The case zooms in on the "open web display" ad market where banner ads are bought and sold in the milliseconds it takes for a webpage to load. Within this market, Google owns an ad server that publishers use to manage their ad space, buying tools that let advertisers purchase ads, and an ad exchange that connects the two. It owns the most popular of all three technologies, which the DOJ alleges helped the company impede rivals, inflate advertising costs, and reduce revenue for publishers.

In an opening statement Monday, Justice Department lawyer Julia Tarver Wood told the court, "It's worth saying the quiet part out loud."

"One monopoly is bad enough. But a trifecta of monopolies is what we have here," the attorney said, according to the Associated Press.

The case doesn't look at the broader digital marketing ecosystem, such as ads on connected-TV or on social media, the latter of which usually need to be bought directly from the platforms themselves rather than using adtech middlemen.

She added that any move against Google wouldn't help small businesses but instead let other tech giants like Amazon, Microsoft, and TikTok reign.

The case, in which US District Judge Leonie Brinkema will decide whether Google violated antitrust laws, is set to last several weeks.

Google will likely appeal if the judge doesn't rule in its favor, meaning it could be months before the real ramifications of the case are known.



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