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

Jun 22
Friday night KA-boom. In adtech antitrust lawsuit against Google, court has ordered the state AGs may depose Google co-founder Sergey Brin and CEO Sundar Pichai. Huge. /1 Image
So the two cited reasons Pichai will be deposed (although not all of them) are incredibly sensitive. 1), “Jedi Blue,” the alleged collusion with Facebook that everyone wrongly wrote off back earlier in this lawsuit. Google CEO Pichai met directly with Facebook CEO Zuckerberg. /2 Image
A reminder the Google and Facebook deal (aka the “NBA” or “Jedi Blue”) is also in a private antitrust suit against Facebook. The deal was signed by the lieutenants of the CEOs (Sheryl Sandberg for Facebook). /3 Image
Read 7 tweets
Jun 17
US v Google flooded docket (103 filings!) over weekend as Court said Friday...hey now, let's skip summary judgment, this baby is going to trial. Much is companies trying to keep their secrets sealed but we get a sense for the witnesses. And a small taste of evidence to come. /1 Image
On the companies filing to keep their secrets sealed which they mostly provided under subpoena, it's a mix of adtech, agencies, platforms, you name it. /2 Image
We also learn some glossary items which likely come up:
'RASTA' - Google's tool to evaluate new 'launches' (aka changes) in ad serving system, runs on live traffic
'Ariane' - identifies and summarized launches
'Launch' - creative name (lol), it replaced Ariane in 2020/2021 /3
Read 9 tweets
Jun 10
SCOTUS just posted order list. It granted cert to Facebook on its Cambridge Analytica matter. Only first question but that’s a huge one. Basically should Facebook have disclosed to shareholders what it started to cover up in 2015 rather than presenting risk as hypothetical? /1 Image
Here is the actual first question as written. One immediate item, it’s outrageous if Justice Kavanaugh didn’t/doesn’t recuse seeing his reported best friend, Joel Kaplan, was directly involved in the matter and its cover up. He threw his SCOTUS confirmation party IIRC. /2 Image
Here is a link into background. I strongly urge press not to overlook this or assume you know fact history. Over the years much has played out in coverup and much of the reporting has been bent towards Facebook’s spin. I am more than happy to point you to the court records. /3
Read 10 tweets
Jun 7
“X has lost dozens of major advertisers under Musk’s ownership, with 74 out of the top 100 U.S. advertisers from that month no longer spending on the platform as of May.” 1/4
Smart NBC report focusing on amplification, velocity and reach, “X isn’t living up to its own policies when it allows violent extremists to use the platform’s amplification features.” 2/4
“It’s not clear to what extent people at X were aware that the company was monetizing the extremist hashtags prior to NBC News’ reporting.” 3/4
Read 4 tweets
May 31
Let’s do this. As I’ve said in the past, nothing makes a statement on important news close to the newspaper front page. Across America, almost every editor went with the simple fact, “Guilty.”
Let’s start with the biggest circulation. /1


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I shouldn’t overlook Chicago and Los Angeles, Same. /2
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Now let’s drop down to Florida for maybe obvious reasons to see how they reported it… /3


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Read 23 tweets
May 23
Super smart, important read in Washington Post for regulators, media executives, lawmakers. At a high level, Meta continues to use its market power to suppress all value in brands, news orgs and media companies. Brands are proxies for trust, but profit and data to Meta. /1 Image
“These are platforms doing what platforms do, which is trying to optimize the time spent and the data collected. They don’t really have much interest or care for what happens to news outlets or journalists,” said @emilybell. /2
@emilybell But what is interesting here that needs to be pursued. How will Canada react considering they have a code that seeks to curb this imbalance in bargaining power. Facebook is attempting to run over to prevent further spread dismissing it as ineffective law. They’re wrong. /3
Read 5 tweets

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