Jason Kint Profile picture
Oct 22, 2021 41 tweets 15 min read Read on X
Thread incoming. AGs lawsuit v Google posted upon orders of court. Simply put, there is A LOT. I previously called Google "screwed" despite redactions but there are more eye poppers.
I'm starting with Facebook market rigging allegations. Congrats Sheryl Sandberg on redaction. /1 Image
It's pretty amazing to see the actual quotes from discovery. For instance the express purpose to "kill HB." That's short for "header bidding" which was a significant threat to Google's business. /2 Image
Header bidding was bad because it allowed publishers to bypass fees which we now learn ranged between 19-22% of revenues. Also, a bit of foreshadowing here in the removed redactions as to why Facebook was a part of the threat. /3 Image
We now have internal email which explains the game which header bidding also risks disrupting - giving priority to Google's AdX despite it meaning less revenues for the publishers. Hello, SEC. One company can't participate all sides of market at this dominance. /4 Image
This is why killing header bidding was the #1 priority for a top Google executive. See the new information which is now unsealed ... and just let me know if it's at all unclear. /5 Image
According to these allegations, Google's initial way for this executive to achieve this goal involved just stopping competition, innovation and investment. "forestall major industry investment in FB..." /6 Image
Who would be the biggest target here? Well, Facebook had announced it was entering the market. (note, there are allegations that was done for bait)... we knew this but it's helpful to see the complaint in clear text and what Facebook got in return. /7 Image
We hadn't seen Facebook's own internal messages showing it was blatantly obvious why Google wanted this alleged quid pro quo with Facebook so they would exit the market. "They want to kill header bidding." Yeah, that's clear. /8 Image
OK, into the actual agreement. A number of the terms are included as screen shots. Allegations are it involved upfront agreement on auction frequency, win rates and minimum spend plus handling regulator threats. /9 Image
It also involved providing a bunch of help in identifying users, allegations compare some of the methods to "inside trading" in that Facebook was uniquely win certain terms to block inside info. Congrats, Dan. /10 ImageImage
A gag order on its lower fees which absolutely impact how auction dynamics work. When I always have called Facebook and Google a duopoly, it was my hope people would understand the two companies were taking most growth and a deal like this plays into it. /11 Image
As you think about way real-time markets work, it's not only about pricing, too. It's about access to that data and even the effects of terms around time guarantees and thresholds. Facebook got longer time, again likely due to its market size and Google wanting to "Kill HB." /12 Image
Just read the unsealed parts in yellow and think through the effects of a guaranteed spend, guaranteed bid participation and minimum win rate in an auction where each time you win it negatively impacts the rest of the market. /13 Image
Here is (just some of) the previously language in the Facebook and Google allegedly illegal market rigging deal. Do you think this drew any red flags for the executives reviewing the deal? /14 Image
I'm going to go read the rest of unsealed complaint. Here is a tease into an area which boils my blood. How various forums facilitate Google controlling and influencing the industry - in this case undermining consumer privacy - which has economic impact on the rest of market. /15 Image
During this intermission, here is a link to my December thread on the case that was widely read. It's also here so I can go back and compare my notes. /16
OK, I'm back. This is deadly. The yellow in this section is what Google tried to keep redacted and has now been unsealed. Read it. Understand it. Much of the entire online information and monetization market flows through it. /17 Image
It's interesting how Google execs repeat themselves on internal messages, "for clarity," while knowing this was entirely unclear to their users. ps delete WhatsApp, it's owned by Facebook. /18 Image
I'm back. Feels like some monopoly rents. For the journalists out there, these are jobs in your newsrooms. /19 Image
Interesting Google wanted to keep what is in yellow hidden from the public record. This "value" is as determined by Google's design influence over digital advertising. I've written about this but in a world of direct response, micro-targeted audiences, yeah, this is true. /20 Image
More stuff Google didn't want you to see, in yellow showing how much they take from publishers. This doesn't even count the value of the data they extract by having a larger surveillance advertising biz than any other company. /21 Image
when the monopolist fully acknowledges their business is able to collect rents only because it's a monopoly. Unbelievable. Thank you for unsealing the quotes in yellow this morning! /22 Image
Small publishers and local newspapers are often Google's frontline of defense against privacy and other threats to its surveillance capitalism because they are so dependent on Google for monthly checks. Yet for every $100 they earn, Google is taking $47 to $66. /23 Image
If you were in the group that only wins 20% of the time, why would you even keep playing? /24 Image
wow, we finally have a number. 75% of the ad impressions in the United States are served by Google Ad Manager according to Google's internal docs. I'm sure the fact they also own the dominant browser, search engine, buying platforms is irrelevant. /25 Image
so a publisher has to pay 10% of gross revenues for any impressions they want to route outside of Google's monopoly supply chain. that 10% is A LOT of newsroom jobs. /26 Image
Not much of a secret to anyone who has switched ad servers... but unsealed in yellow suggests internal Google docs confirm that switching costs are high. ps @vestager this explains why almost no publishers jumped ship when Google abused GDPR. /27 Image
Having now seen the numbers in yellow, how do you not describe this as a "rigged marketplace?" /28 Image
prices go down, demand goes up. do I have that right? I've even heard of a non-profit exchange that can't compete against Google because of this. /29 Image
If yellow now unsealed is in Google's own writing, it seems like pretty clear foreclosure of the market by tying together with its marketplace dominance. /30 Image
woah. a lot of redactions now unsealed when you get to the section on the 'gTrade' team. this is quant r&d to manipulate the market that funds most of the internet. WTF. No wonder Google wanted it redacted. /31 Image
We're not at the "Project Bernanke" part of the program. We learned about this in Google's response when they screwed up their redactions but it's interesting to see the full complaint. Nice Google included the photo in this ill-advised project name. /32 Image
for those not watching closely, the allegations are that this Bernanke program involved special access to advertisers' bidding history across the net to helped them minimize purchase prices... that publishers didn't know about... /33 Image
You could do an entire masters class on how this impacts publishing. I had never heard them use the term, "cookie concentration," but just know ultimately it steers the news and entertainment market to click baiting to create valuable cookies which Google can skim with milk. /33 Image
Missed this the first time as it was entirely redacted. In Google's goal to kill the competitive threat of header bidding, employees acknowledged pricing at $0 to win the market still wouldn't be effective as it wouldn't kill it and that was the core problem. /34 Image
"what would we do?"
antitrust much? /35 Image
wow again. the unsealed quotes from internal google documents really put the evidence into the real-world. "if imposing limits pushes them [publishers] more to Jedi - then we should keep those limits in place." /36 Image
Those who track the Facebook "Oversight Board" will get a kick out of the line unsealed this morning in yellow. Sheryl Sandberg is ex-Google, I wonder if this is in the Silicon Valley monopoly playbook? /37 Image
oh good grief. it was in their own emails...
"[b]y charging non-transparently on both sides, we give ourselves some flexibility to react and counteract market changes. If we face tons of pricing pressure on the buy-side, we can fall back on the sell-side, and vice-versa.” /38 Image
Sorry, phone keeps ringing. I did a double-take on this one. How in the &*^%$% is Facebook allegedly telling Google to not allow publishers (you know, the news and entertainment companies) to set price floors for their inventory in auctions??? How much $ did that shift? /39 Image
Just when Google thought I was done, here is #40 as the court has unsealed the line alleging how YouTube was leveraged to move the market towards Google's video buying technology. /40 Image

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More from @jason_kint

May 17
Woah.
Google is effectively trying to buy out the United States by tendering a cashier's check for the claimed max damages from screwing industry with adtech market power abuses. US DOJ's adtech antitrust trial seeking to break them up is months away. 1/4 Image
And then with google's payment, they're trying to get it switched from jury to bench trial. The money is an after thought, what they clearly don't want is a jury of Americans reviewing damning evidence (see Bernanke) which may be harder to appeal leading to structural remedy. 2/4 Image
lol, G. The lawsuit is smart for jury as U.S. explained Google's alleged abuse so Americans understand it by comparing G's market power on all sides to wall street. Hell, Google's own executive made this analogy "if Goldman or Citibank owned the NYSE."
A jury will get this. 3/4 Image
Read 6 tweets
May 14
Bam, clock starts. Facebook just filed its reply brief seeking cert from SCOTUS to reverse its early defeat to dismiss a Cambridge Analytica case. This comes 6+ years after Facebook began laundering press using exhaustion and complexity to whitewash facts of the scandal. /1 Image
But let's start with preposterous argument from Facebook's amici allies as it's also Facebook's core argument to SCOTUS. Facebook argues the scandal was already widely known in 2015. So no reason to disclose in its SEC risk factors in 2016 or 2017 (when it was covering it up!) /2 Image
Let's turn to the opposition which has really pinned down the facts over time correcting press mistakes. They call Facebook out directly on their bad argument. One that would require belief that the stock dropped for other reasons in 2018 when it finally became widely known. /3 Image
Read 10 tweets
May 5
Department of Justice has now posted its hundreds of great slides from closing arguments. I’ll share 13 slides that tell story imho captured by this list.
First, if search defaults don’t matter, why pay approx $30B, 40% of revenue to maintain them? 1/13 Image
DOJ cleverly took this sentence from the DC circuit opinion in U.S. vs Microsoft and replaced it with Google’s search defaults story in red. “Fits like a glove” as they said to Court on Friday. Hard to argue. 2/13 Image
The story on importance of Google’s data harvesting to monopoly maintenance was crystal clear so let’s move on to how DOJ alleges Google was able to use its market power to impact ad prices which drive much of their revenues. 3/13 Image
Read 14 tweets
May 1
There is a report going around Apple is going to facilitate blocking of ads in Safari - it deserves your attention. Meanwhile, I want to connect dots w/ a number of redactions lifted (yellow) late last night in the post-trial docs of US v Google - closing arguments are tmw. /1 Image
It's critical to understand the importance of Safari to their Google deal under microscope. It's reasonable to say Safari delivers nearly 20% of Apple's Income from Ops almost entirely subsidized by Google. Without Safari, there is no Google deal. /2 Image
As the expert witness in the trial pointed out, there isn't a rational explanation for a 40% revenue share on traffic that Google's proxies argue would happen without Apple. But hey, maybe that cash also pays for special influence into Safari's roadmap, too? /3 Image
Read 5 tweets
Apr 11
!!!!! just unsealed, and higher than prior news reports. /1 Image
we learned last Fall in a different G lawsuit (NdCal) during widely reported testimony the number 36% as the share Google paid Apple to be locked in as default search across Apple's surfaces.
But now this was just unsealed from the two key contracts (here is 2014 which even then was 37.5%) /2Image
Here are the various Google and Apple contracts where those screen caps originate. /3 storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Mar 26
Whoa. Facebook had a secret "Project Ghostbusters" (get it?) which allegedly was to decrypt "man-in-the-middle" style Snapchat traffic to copy it. Yellow highlight indicates redactions just lifted in nine unsealed plaintiffs briefs in private antitrust lawsuit. Wild stuff. /1 Image
A lot of new stuff. There was lots of reporting (including Apple threats to boot Facebook) at the time on Facebook's software and Onavo acquisition allowing it to "spy" on competitive apps but I recall the decryption was written as a hypothetical. CEO email kickstarting it. /2 Image
You can read the press back in Jan 2019 spoon fed by Facebook PR to friendlies with no mentions of decrypting SSL then compare to this internal email below sent to Facebook's most senior executives - "currently includes SSL decryption"... /3 Image
Read 16 tweets

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