ok, let's do this. I've now read all 153 pages of United States vs Google filed earlier today. As I've said earlier, Google is royally screwed.
The suit is super well-written building on prior work investigating Google’s market power abuse leveraging advertising technologies. /1
Much of the suit is indeed anchored around Google's maintenance of 20% revenue share from its ad exchange. And it smartly describes Google's scale across three dimensions: publishers, ad impressions and importantly, data. /2
On the data point, which anyone who follows me knows I heavily lean into the intersection of data protection and antitrust. The third dimension includes targeting data which no doubt has informed Google's approach to privacy rules - or the lack of them. /3
One more broad point on the suit. They do an outstanding job on clear language of complex topic - including not getting lost in G's rebranding of adtech services or secret projects (Poirot, Bernanke, Jedi, Bell, Poirot 2.0!) leveraging work in Australia, Texas, EU, UK, et al. /4
They also have some good visuals that very clearly demonstrate Google's dominance on all sides of the markets as they begin to walk through what really resembles like insider trading. There might be handcuffs if it was wall street and proven. /5
Google's reactions to "header bidding" that opened up and allowed multiple parties on both sides of auctions is a focus of guts of suit. G appears to ack header bidding happened organically across industry due to G's abuse of control over market. What did they then do... /6
The suit walks through how Google allegedly and systematically worked to "dry out" header bidding in the occasions it couldn't block it altogether. This includes the Jedi Blue claims of its deal with Facebook. And first time I've seen an approach to Amazon which was rejected. /7
Let me now take a moment to break down the alleged anticompetitive conduct as they do very deep in the report. I'll give you eight examples of broad conduct that the United States will work to prove was illegal. /8
(1) Google acquired DoubleClick in order to obtain not only a dominant publisher ad server (50% now 90%+), DFP, but also a nascent ad exchange, AdX (now 50%+), in order to pursue its goal of dominance across the entire ad tech stack /9
(2) Google then restricted all of its Google Ads’ advertiser demand exclusively to AdX. Basically, if you wanted any of the dominant ad$ flowing through Google then you had to use its adtech. /10
(3) They also allegedly provided AdX a bunch of exclusive features for Google's publisher customers using DFP (dynamic allocation, "last look," effective real-time access). Again, "drying out..." header bidding. /11
(4) Interestingly, despite a # of cited problematic adtech acquisitions, they seem to focus on Google’s acquisition of AdMeld (Hi Ben!) in order to stop AdMeld's "multi-homing across ad exchanges" as being key to Google. /12
(5) They walk through Google’s use of Project Bell, which "lowered, without advertisers’ permission or knowledge, bids to publishers who dared partner with Google’s competitors." Angry face emoji from me. /13
(6) Google’s deployment of sell-side "Dynamic Revenue Share" to manipulate auction bids—without publishers’ knowledge -- and to advantage AdX. Basically cutting share to win bids for Google's systems making up for it on less competitive auctions. /14
(7) Feels like bid rigging. "Google’s use of Project Poirot to thwart competitive threat of header bidding by secretly and artificially manipulating DV360’s advertiser bids on rival ad exchanges using header bidding in order to ensure transactions were won by Google’s AdX." /15
Still on (7), taking Project Poirot as the example, the lawsuit also includes internal messages at Google which show the "whopping" effects on the competitive advertising exchanges. Haven't seen this data previously. Again, smells like bid rigging to me. /16
the last anticompetitive conduct allegation - Google’s veiled introduction of so-called Unified Pricing Rules that took away publishers’ power to transact with rival ad exchanges at preferred prices. This was to deal with Google's "flooring problem." /17
The lawsuit also names names in terms of impacted competition. If you worked at or owned shares in AppNexus/Xandr, Rubicon, OpenX, Pubmatic among others, you may not be terribly happy with Google. Of course, they all were supposed to be working for publishers' revenues. /18
For the AMP haters. We also see internal messages where an engineer makes clear Google's real AMP motivations were justified by business needs rather than architecture and users. Remember this example when you considering trusting Google on its decisions around 3P cookies. /19
Ultimately, on the publisher side, Google's control over the publisher ad server market allegedly allowed it to do a long list of shady things to maintain an average 20% rake on the intermediation and the data. "Average" is important as it could manipulate to get there. /20
and for the antitrust wonks and Google defenders, the relevant markets in the lawsuit are threefold: the publisher ad servers, advertising exchanges and advertiser networks. Google's market shares are crazy-large as long documented. /21
I'm going to stop there. Bottom-line, I think this is a masterpiece. Any interesting perspectives or reports, please do send my way. And a reminder, the bipartisan state AGs lawsuit is already passed dismissal and moving forward in SDNY. /22
Sorry shame on me, here is a link to the full 153 pages for those who also want to read it. I would welcome anything I missed or different reads on it. Also... /23 storage.courtlistener.com/recap/gov.usco…
And lastly, I should link to the video clips I did from the announcement. As I've been saying since I had the very first meetings with enforcers probably five years ago, they've seriously ramped up at enforcement offices. Popcorn. /24
The 8hr video of Jack Smith’s testimony was released by Congress on New Years’ Eve in between Epstein and Venezuela. It’s an extraordinary display of Smith’s integrity and attention to justice and fairness on 1/6. Allison Gill deserves praise for curating the key clips. 1/4
Smith clearly represents all who worked towards justice and public interest, expressing his confidence and rationale he had the evidence to prove Jan 6th case to a jury. He also shows his gratitude to those retaliated against - in just doing their jobs. This stood out to me. 2/4
I must say I’m impressed by Covington & Burling law firm who has stood strong during this retaliation. This is just 1/6 - they’ve worked with Smith to be cautious to not discuss any confidential details in his classified docs report still sealed by Judge Cannon. (1.3x to fit) 3/4
So many mind blowing sentences in this just incredible Wall Street Journal report. Starting here, “Witkoff, who hasn’t traveled to Ukraine this year, is set to visit Russia for the sixth time next week and will again meet Putin. He insisted he isn’t playing favorites.” /1
“Inside were details of the commercial and
economic plans the Trump administration had been pursuing with Russia, including jointly mining rare earths in the Arctic.” /2
“European official asked Witkoff to start speaking with allies over the secure fixed line Europe's heads of state use to conduct sensitive
diplomatic conversations. Witkoff demurred, as he traveled too much to use the cumbersome system.” /3
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1
Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2
Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3