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
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
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
Google would call a “code yellow” when it needed to tune its pricing knobs (levers) by rolling out tests / “launches” to get to revenue targets according to the allegations and senior exec emails we saw in the Fall. 4/13
Profiting from a price increase of more than 5% is an important test in monopoly land so these two slides stand out. Wait for the next one. 5/13
Yes, it gets worse for Google. And as you’ll see momentarily Google was able to maintain its profit margins as its only material marginal cost for those ads is passing along that 40% to Apple or whomever Google is paying off for search defaults. 6/13
This answer stands out when Google tries to argue its price increases are justified by its unilateral self-assessment on quality increases. Advertisers: Google monopoly power decides it’s “fair” to charge you more. 7/13
If this isn’t making you angry as an advertiser thinking your bids are the only thing impacting pricing, it’s “intentional.”
When it’s controversial, they might not tell you, may even not tell their own employees and put fancy code names on it. 8/13
There is a certain level of exuberance and arrogance if you recall some of the decks from discovery in the Fall. At least the ones that didn’t get tripped up by ‘fake privilege.’ 9/13
Remember Superman? As the Court noted, there isn’t a single mention of competition and how it might react in these ‘adventures in pricing’ emails and decks which is a pretty clear sign of a problem. 10/13
And that’s how a monopoly can have steady revenue growth and constant margins. And as noted, the margin didn’t grow because TAC (traffic acquisition cost) has increased significantly from paying Apple and friends for defaults. Closing the loop on the case. 11/13
A monopolist can raise prices without consideration of competition. Don’t say Facebook or TikTok or Amazon, those arguments are dead in Court. Happy to explain. 12/13
And if you want to know why Google’s surveillance advertising has been so good to it and not so good for everyone, here you go. You would be shocked at what Google rolls out as its defense of “innovation.” Cheers. 13/13
If you made it this far and asking about last bullet, here. 14/13
wow. NdCal just denied Facebook's attempt to dismiss securities suit for Cambridge Analytica cover-up. Court says plaintiffs credibly alleged Zuckerberg and Sandberg knew it "possessed over 40mil user profiles" way earlier. 4th amended complaint added/redacted cited evidence. /1
Count I, II and III now proceed, all alleged (civil) violations of 1934 SEC Act including over $5B in stock sales by Zuckerberg. This is the case Facebook already took up to SCOTUS to be denied cert. In DE, they settled similar case as director Andreessen was set to testify. /2
In this case, the executive defendants are Zuckerberg, Sandberg and CFO Wehner. What is interesting is it's added new evidence squeezed out more recently in courts including Court sanctions against Sandberg for deleting "relevant emails" over a pseudonymous gmail account. /3
Big. A major new law & tech paper takes on the economics of behavioral advertising - the kind that tracks users across multiple businesses and contexts, not just on sites they choose to visit.
It challenges industry’s favorite claim: that tracking is a “win-win” for everyone. /1
Bear with my thread. You may know I've been sharing Google and Meta monopoly abuse concerns for nearly a decade (courts now ruling). That said, I've always said ubiquitous data collection across the web (mostly NOT on the duopoly's own services!) is what fuels their dominance. /2
At the heart of the debate is this Figure 1 - and two very different ways to frame it.
Framing #1 (the industry narrative): Data aka 'signal' -> Better targeting -> More relevant ads -> More revenue -> Free content -> Everyone wins!
Simple. Elegant. But entirely misleading. /3
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