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Chronicles

The story behind the story

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On Day 2 of the US DOJ's antitrust trial focused on ads, a former News Corp executive testifying as a government witness said Google held publishers “hostage”

Google's tool that lets publishers sell ad space on their websites is ubiquitous, but that's largely a testament …

The Verge Lauren Feiner

Context & Ripple Effects

The testimony adds a publisher-side account to a DOJ case that had already opened with allegations that Google used acquisitions and scale to dominate ad technology. The dispute has been building since the agency began seeking input from publishers, agencies, and ad-tech rivals in its early ad-tools inquiry.

Publishers’ dependence on ad-tech intermediaries is also central to Gannett’s monopoly lawsuit, which argued that growing audiences had not translated into ad-spending gains. This trial evidence therefore matters beyond one publisher: it tests whether that dependence reflects ordinary market success or exclusionary leverage.

First-order effects

  • The government gains testimony intended to support its account of publisher dependence on Google’s ad-selling tools; Google must counter that account as the trial record develops.
  • News publishers’ complaints about bargaining power and revenue shares become more central to the case, rather than remaining a background concern in the DOJ’s opening allegations.

Second-order effects

  • A stronger showing of publisher lock-in would sharpen scrutiny of the connections among the tools used to sell, buy, and operate web advertising, raising the stakes for Google’s ad-tech business.
  • Rival ad platforms and publishers could have more to gain from any remedy that reduces reliance on Google’s intermediary role; related coverage identified Meta, Amazon, and publishers as possible beneficiaries of the case’s outcome.

Third-order effects

  • If the DOJ establishes that control across ad-tech layers constrained publisher choice, antitrust enforcement could increasingly focus on platform infrastructure and contractual dependence, not just consumer-facing products.
  • The case may become a test of whether remedies can create meaningful interoperability or competition in digital-ad markets without simply shifting gatekeeper power to other large platforms.

The trend: The trial is one data point in a broader push to examine how dominant digital platforms use control of essential business infrastructure to shape counterparties’ choices and economics.

Discussion

  • @vidushi_law Vidushi Dyall on x
    Towards the end, we heard that Layser wrote in a 2019 op ed, that she wanted G to contribute AdX to PreBid (header bidding) even though G doesn't bid into 3P, in order to make make it an open source tool for all. https://www.adexchanger.com/ ...
  • @vidushi_law Vidushi Dyall on x
    She testified that she thinks part of ad tech should be “community assets” not run by for-profit companies. Judge Brinkema asked “What do you mean by community asset? Open source?” and whether exchanges should be non-profit?
  • @vidushi_law Vidushi Dyall on x
    On direct, Layser testified that switching publisher ad servers and from G's DFP isn't really a option because of revenue loss risk and that she didn't choose DFP because it's innovative, calling it a “30 year old piece of tech that is slow and clunky.”
  • @vidushi_law Vidushi Dyall on x
    Checking in on Day 2 of #USvGoogle II. The first witness of the day was Stephanie Layser, who has a long career in publishing. A few employers include NY Post, DailyMail and most notably NewsCorp.
  • @vidushi_law Vidushi Dyall on x
    She also distinguished direct deals on selling ad space from open auction/real time bidding, and saying there isn't much shift happening here.
  • @vidushi_law Vidushi Dyall on x
    On Unified Price Rules, implemented by G, Layser said she didn't feel it was in publishers interests because it reduced control over how they can monetize.
  • @vidushi_law Vidushi Dyall on x
    Layser, like other witnesses yesterday, want full access to G demand. The judge commented on this, asking if she wanted access to G's advertiser demand but didn't want to go through the system to get it? The answer was yes.
  • @adamkovac Adam Kovacevich on x
    The judge in DOJ v Google case is appropriately skeptical of Google's ad tech rivals wanting to turn Google ad tech services into a public utility.