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Google Sued by Justice Department for Allegedly Monopolizing Digital Advertising Technologies

Posted on January 26, 2023

WASHINGTON D.C.

The Justice Department, along with the Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia, filed a civil antitrust suit against Google for monopolizing multiple digital advertising technology products in violation of the Sherman Act, officials announced this week.

Filed in the U.S. District Court of Virginia, the complaint alleges that Google monopolizes key digital advertising technologies, collectively referred to as the “ad tech stack,” that website publishers depend on to sell ads and that advertisers rely on to buy ads and reach potential customers.

Google now controls the digital tool that nearly every major website publisher uses to sell ads on their websites (publisher ad server).

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Photo by Kai Wenzel on Unsplash

It controls the dominant advertiser tool that helps millions of large and small advertisers buy ad inventory (advertiser ad network) and the largest advertising exchange (ad exchange), a technology that runs real-time auctions to match buyers and sellers of online advertising.

Website publishers use ad tech tools to generate advertising revenue that supports the creation and maintenance of a vibrant open web, providing the public with unprecedented access to ideas, artistic expression, information, goods, and services.

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Through this monopolization lawsuit, the Justice Department and state Attorneys General seek to restore competition in these important markets and obtain equitable and monetary relief on behalf of the American public.

As alleged in the complaint, over the past 15 years, Google allegedly engaged in anticompetitive and exclusionary conduct.

It consisted of neutralizing or eliminating ad tech competitors through acquisitions, wielding its dominance across digital advertising markets to force more publishers and advertisers to use its products, and thwarting the ability to use competing products, officials stated.

In doing so, Google cemented its dominance in tools relied on by website publishers and online advertisers, as well as the digital advertising exchange that runs ad auctions.

“Today’s complaint alleges that Google has used anticompetitive, exclusionary, and unlawful conduct to eliminate or severely diminish any threat to its dominance over digital advertising technologies,” said Attorney General Merrick B. Garland. “No matter the industry and no matter the company, the Justice Department will vigorously enforce our antitrust laws to protect consumers, safeguard competition, and ensure economic fairness and opportunity for all.”

Deputy Attorney General Lisa O. Monaco said: “In pursuit of outsized profits, Google has caused great harm to online publishers and advertisers and American consumers. This lawsuit marks an important milestone in the Department’s efforts to hold big technology companies accountable for violations of the antitrust laws.”

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