woah. ~300 redacted summary judgment google exhibits posted in TX. I've uploaded all. most eye-popping - we finally get Google-Facebook contract (aka Jedi Blue) alleged as bid rigging (yes, press was misled, it's still part of the claims). /1
If you need a definition for Match Rate, Google and Facebook include it with example of using the "encrypted blob" on mobile, feels very much like a fingerprint y'all. Here is the full contract, don't sleep on section dealing with monopoly enforcement. /2 storage.courtlistener.com/recap/gov.usco…
There are a ton of new exhibits from discovery with similar themes of Google secretly using projects to manipulate its black box auctions. "The first rule of Bernanke is we don't talk about Bernanke." /3
"the following kind of collusion is beneficial to bidders" is the analogy a redacted Google employee uses internally used to describe Bernanke (eg stop submitting a second price in an auction to effectively pay publishers the third price and then redeploy the margin). /4
Another secret project, Dynamic Revenue Sharing, continues to be one of the most infuriating. First, Google lowered its margins on individual auctions in order to capture marketshare then they launched v2 to recapture that margin by maintaining a publisher "debt" account. /5
Google's success metrics for DRS v2 are incremental revenue and profits for Google. And yes, more revenue to publishers vis a vis Google and less from other intermediaries. Incredibly dirty imho. /6
We still expect the US v Google decision in the parallel trial here in Virginia any day now but it's good to continue to see user data and surveillance capitalism play such a large role in the Texas lawsuit. Here is Texas describing how it alleges Google broke its promises. /7
In both trials, this "bundling" of two major changes to Google's auctions is deadly. We've seen other emails explaining the need to packages them. Here, Google even color codes what was good for Google (green) and good for pubs (blue). But what does that really mean? /8
Here it is put more simply, "One is good for us and bad for publishers. Other is bad for us and good for publishers. Can we combine them both?" /9
The secretive "g-Trade" team continues to feature widely in the exhibits. You may have heard Google previously suggest there was a firewall between its market leading buy-side and market-leading sell-side tech. Read this closely. /10
We saw this in the Virginia exhibits but again it's deadly evidence in yellow. There are other exhibits showing Google is trying to reverse a trend towards "open" with header bidding. But here they admit not so much that they hurt their AdX margins/leverage. /11
Jonathan Bellack was key on this testimony, and as a former employee, could have been the biggest difference maker in relaying Google's conduct in EDVA. Maybe it will happen in texas. he knew importance of bidstream data coupled with location, search, browsing, user data. /12
Anyway, all these decisions add up to Google playing God. Capturing share and margin while doing what they believe is best for the wider web. Read the blue below. Note: the Super Bowl is a perfect example of irrational/FOMO ad buying - and it's worth every penny for brands. /13
Finally, I will leave you with another exhibit - a 2015 Digiday report - which serves as a great example of Google misleading public/press. It's a scoop on G rolling out dynamic price floors but a source (yours truly IIRC) notes it requires "tying" the ad server and exchange. /14
Oh yes, there I am. Again, this report is an exhibit a decade later in a major antitrust lawsuit(s) to break up Google, for allegedly doing exactly what I expressed as a grave concern. Google never called. /15
But Google instead chose to dispute the reporting and claims to Digiday. /16
Even internally they apparently tried to bury their own denial when called by fellow employees on it. This employee received a response internally suggesting the denial was about something else in the article. /17
But here is the exact thread where Google comms decides to feed the statement to Digiday to insert it into the Digiday report. Always bring the receipts. /18
Here is a link to all the exhibits (see docket 737-750 for tonight). Yes, Google prob timed its redactions for New Years' Eve (). Google's Summary Judgment arguments seem to be 2-sided market (Amex) and refusal to deal (Trinko). See you at trial, G. /19courtlistener.com/docket/1874931…
by the way, here is a link to Facebook's motion for Summary Judgment in the private antitrust lawsuit against it. Yes, it also filed today. And yes, pp 19-21 are focused on Jedi Blue, too. /20 storage.courtlistener.com/recap/gov.usco…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
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
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3
News cycles. News cycles. What I called the "mother of all lawsuits" for Facebook in 2021 goes to trial TOMORROW. Zuckerberg, Marc Andreessen, Sheryl Sandberg, Peter Thiel, other board members expected to testify live as to who knew what and when in its largest scandal ever. /1
Meanwhile, Zuckerberg and Facebook comms have successfully flooded the zone with AI-hype and exclusive CEO interviews mostly distracting the press away from a trial on how they leveraged, and allegedly abused, personal data to drive a decade of massive growth in mobile share. /2
The case involves allegations the board broke its loyalty to company (and Zuckerberg insider traded on stock) after Facebook had been long violating its FTC consent decree and other privacy laws - all covered up by nearly $8 billion in settlements ($5B alone with the FTC). /3