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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
I'm back. Feels like some monopoly rents. For the journalists out there, these are jobs in your newsrooms. /19
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
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
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
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
If you were in the group that only wins 20% of the time, why would you even keep playing? /24
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
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
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
Having now seen the numbers in yellow, how do you not describe this as a "rigged marketplace?" /28
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
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
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
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
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
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
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 $0 to win the market still wouldn't be effective as it wouldn't kill it and that was the core problem. /34
"what would we do?"
antitrust much? /35
wow again. the unsealed quotes from internal google documents really put the evidence into the real-world. "if imposing limits pushes them [publishers] more to Jedi - then we should keep those limits in place." /36
Those who track the Facebook "Oversight Board" will get a kick out of the line unsealed this morning in yellow. Sheryl Sandberg is ex-Google, I wonder if this is in the Silicon Valley monopoly playbook? /37
oh good grief. it was in their own emails...
"[b]y charging non-transparently on both sides, we give ourselves some flexibility to react and counteract market changes. If we face tons of pricing pressure on the buy-side, we can fall back on the sell-side, and vice-versa.” /38
Sorry, phone keeps ringing. I did a double-take on this one. How in the &*^%$% 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
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
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Day 2. A few comments after 2nd day of testimony from Mark Zuckerberg. FTC began with impeachment as Zuckerberg had said yesterday friends & family were only about 25% of Stories shared when instead it appears more in 63-73% range. I would hammer him on these, it's a pattern. /1
Remember, we've learned from MZ's deposition to SEC and many trips to Congress, he may say too much and seems to talk his way through problems. Speaking of... USvGoogle on the weight of contemporaneous statements is already a massive shadow over MZ. /2
I think MZ has a tell. He often says, "Well that is an interesting question" when asked about his prior contemporaneous statements on fairly obvious questions such as "Is it true that Facebook users like less ads in their feeds?" /3
with FTC's opening statement slides (109 of them over 86 minutes IYKYK)) now posting, I want to flag just a few of them worth amplifying. /1
These two statements from Judge Boasberg his denial of Meta's motion to dismiss last November will weigh heavily on Facebook imho. The evidence from both the Instagram deal and WhatsApp deal are damning considering just these two bullets. /2
This slide (and the next one) were interesting in getting internal reflections of Meta/Facebook forcing more ads into the Instagram experience. /3
FTC v Meta Day 1. Opening arguments for FTC laid out its case. As predicted, Meta tried to blow hole into market definition. This actually comes later in trial so not dwelling but will add some context at end. But first witness 1 was CEO Zuckerberg. Dead to rights on conduct. /1
Internal Facebook employee messages (some we've previously seen plus plenty more) make the Instagram deal clearly anticompetitive conduct imho. Exhibits may not post until Wed so my quotes are my best snapshots from messages in exhibits on screens. Relay with care. I tried. /2
Zuckerberg has testified for only 3 hrs of FTC's estimated 7hrs so he's back on stand tomorrow at 9:30am ET (remember, Careless People book said he hates mornings). FTC has been systematically laying out timeline of Facebook shift to mobile and acquisition of Instagram. /3
As Meta’s Andy Stone works overnight criticizing whistleblower testimony today on their role in China, let’s not forget Meta worked furiously thru billions in settlements to keep sealed it provided data access to 86,961 developers in China unsealed after court sanctions in 2023.
That slide is from their own internal audit. The one they promised the public and Congress in testimony then buried it including fighting to keep the forensic clean up artists aka auditors under seal, too, until an attorney said it in open courtroom. storage.courtlistener.com/recap/gov.usco…
Here is Stone’s statement this morning. He has a track record burying for his bosses so just think it’s important context when he tries to brush aside China. Thank you @HawleyMO for accountability here. nbcnews.com/tech/social-me…
Pretrial orders starting to give taste as to why WSJ reports Mark Zuckerberg is meeting Pres. Trump desperately trying to settle its FTC lawsuit 11 days from trial. Court just ordered Meta to release all internal discussions of "integrity" issues up until 2020. That's toxic. /1
Also included is evidence as to what appears to be Apple warning Facebook/Meta to address CSAM on WhatsApp chat groups. Remember, advertisers built this company investing hundreds of billions of dollars to support it. /2
On that note, we will also likely see the financials for WhatsApp which was acquired by Facebook for nearly $19B despite almost no revenues. The why this happened will be a key argument in the court room. /3
The American values of IP protection have been a cornerstone in the country’s innovative spirit and competitive edge over foreign adversaries. DCN focused on strong copyright protections in our comments filed for the AI Action Plan. Will share some thoughts here. /1
Weakening copyright protections, whether at home or abroad, threatens US economic growth and the global competitiveness. Importantly, this point is inclusive of content creators across all platforms. The invented "right to learn" by machines is BS spin from OpenAI and Google. /2
Simply put, AI firms must not use copyrighted content without consent or compensation, as this undermines fair competition and creator rights. And they should be required to disclose when they've used it without consent. /3