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
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
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
Also cited to depose Sundar Pichai 2) the alleged destroying of evidence by turning off Google Chat by default even during a records hold. Google has been scorched in two other antitrust lawsuits where a Court in one ordered jury to assume Google’s intent was nefarious. /4
So what you have here is the ceo of Google being deposed under oath imminently for allegations of collusion and bid rigging with Facebook and destruction of evidence while under a records hold from state AGs lawsuit. Not a small deal. /5
As far as the deposition of the co-founder of Google, Brin, it’s all about the acquisition of DoubleClick including his strong objection to the deal a few years earlier and then suddenly a “shift of position” to block Microsoft from getting the deal. /6
Google has not met its burden…prohibiting the depositions of Mr. Brin and Mr. Pichai... Under controlling law, such an order could be entered only under ‘extraordinary circumstances’ because both witnesses have information relevant to this case.” /7
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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