Day 3: USvGoogle. Wow. “Google imposed debt on publishers” in damning evidence. After opening day with evasive top Google exec who ran adtech for both sides of market (but said “I believe so” to header bidding happening and AdX having 20% take rate), fireworks with DOJ expert. /1
Impressive DOJ expert Dr. Ravi systematically walked through conduct that had the interest conflicts lights blinking like fire alarms in Court. First, he testified 53% of Google's wins in auction were due to "First Look" (basically jumping in line to block) in Google's AdX. /2
We saw an email exhibit explaining to leadership that "launching AdX into non-DFP servers destroys G's advantage leading to AdX losing access to overall queries with less valuable inventory begetting lower CPMs causing pubs to decrease G's access to their inventory. WTF. /3
Google came across weak in its argument there was a workaround to Google's First Look in waterfall by using the sponsorship listing for header bidding. And that's before you get to the key point you're then allowing header bidding to compete with direct deals up top. /4
So First Look clearly bad (basically 53% of time Google gets to jump everyone and ignore rest of market) and then the switch to Last Look after header bidding also was cleanly explained showing Google can open the silent auction envelope and outbid the top bid when they want. /5
Then we see email from Google engineer, Martin Pal (testifying) to leadership Don Harrison explaining that (the blockbuster) "Dynamic Revenue Sharing is just another way to exploit Last Look." It's right there in the emails. And cleanly explained in Court exhibits. /6
He explains it allows G to bid high or low on high-value or low-value impressions respectively where AppNexus is about to win at high or low prices. BUT... AppNexus can't do the same when Google is about to win. From me, this is alleged conduct privileging the market power. /7
or as Dr. Ravi said, "Last Look steals bids (and revenues." He also said scale matters because as you make it higher then the effects grow further. Sounds like the search case Google just lost, yes? /8
Dr. Ravi took us thru bid shaving (Poirot), RPO and other manipulation of bids. Again, cleanly. He noted scale is critical to information advantage. As it relates to DRS, he said, "Google imposes debt on publishers" in banking the funds and paying them back over time. wow. /9
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