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A look at the DOJ's and multiple states' antitrust lawsuit against Google's ad business, as its trial is set to begin on September 9

A month after losing a landmark antitrust case brought by the Department of Justice, Google is headed back to court to face off for a second time against federal prosecutors.

CNBC Jennifer Elias

Context & Ripple Effects

The September trial is the next stage of a case whose date was set in February, following a longer DOJ and state focus on Google’s ad business. The complaint previously sought a breakup of the ad-tech operation, making this a test of whether that remedy can be supported in court.

It also follows Google’s recent loss in a separate landmark DOJ case, placing a second major federal challenge to the company’s business practices before the courts.

First-order effects

Second-order effects

  • The trial concentrates scrutiny on how Google’s ad-business components operate together, raising the stakes for the company’s relationships across the digital-advertising market.
  • A ruling will give the DOJ and states a clearer basis either to pursue the requested remedy or to reassess the legal theory used against Google’s ad business.

Third-order effects

  • Together with the earlier DOJ case loss, the proceeding signals a more sustained effort to test major platform business models through litigation rather than isolated investigations.
  • If courts validate structural remedies in these cases, antitrust enforcement could place greater emphasis on separating integrated platform functions; that outcome remains contingent on the rulings.

The trend: US antitrust enforcement is increasingly using court cases to challenge the structure and integration of dominant digital platforms.

Discussion

  • @leehepner Lee Hepner on x
    Detractors will treat “abuse of dominance” as some indecipherable new antitrust standard created from whole cloth, but courts are already accustomed to articulating it. This is Judge Brinkema in the Google Ad Tech case on “the essence of antitrust law”: [image]
  • @jason_kint Jason Kint on x
    Excellent to see AdExchanger digging back in on Google adtech antitrust trial starting on Monday. Fun overview of code named projects. I just want to correct something here so others also are aware (since Google is spreading false info). ps we'll def see them get into weeds. /1 […
  • @kendraebarnett Kendra Barnett on x
    NEW for @TheDrum: The DOJ & Google are going head to head in a historic antitrust trial concerning the search giant's adtech business beginning Monday. Here's my overview of what we can expect to see - and key predictions from antitrust & media experts: https://www.thedrum.com/..…
  • @kayjebelli Kay Jebelli on x
    As @vidushi_law notes, helping ad-tech rivals in this way could go against the interests of advertisers and publishers, making the Google products less integrated and less helpful. It's lowest-common-denominator thinking. [image]
  • @ariellesgarcia Arielle Garcia on x
    Great piece by @KendraEBarnett at @TheDrum about what to expect at #USvGoogle II, which starts MONDAY! Thanks for the opportunity to share my thoughts. Also, lol @ the last line. https://www.thedrum.com/... [image]
  • @jenn_elias Jennifer E. on x
    A month after losing a landmark antitrust case brought by the DOJ, Google is headed back to court to face off for a second time against federal prosecutors. This time, the focus is on the company's advertising tech. https://www.cnbc.com/...