Woah. Google filed redacted versions of its Summary Judgment exhibits in Texas adtech antitrust case ahead of the March 31 trial. Although this case mirrors DOJ's case awaiting decision, it has even more eye-popping evidence. And an expert suggesting $29B in penalties. /1 "Project Bernanke" is an oldie but goodie that gets a lot of discussion. ICYMI, Google would allegedly increase the first highest and the second highest bid in its 2nd-price auctions then reinvest the "saved" funds back into other bids to Google wins more auctions. /2

US v Google II Closing arguments today.
70min for DOJ-> 95min for Google-> 20min for DOJ. Having predicted this case as better odds than search case (Google already lost in August), nothing changed my mind today. I wrote down: influence/$, complexity, deception, and arrogance. /1 I'm staying high level on perception first as findings of fact already covered much. On influence/$, DOJ pointed out early on and then again in rebuttal that every single witness presented by Google (except one) was paid or had grants from Google. /2

Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1 As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2

KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3 This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3

throwback time at Supreme Court today. Remember when Facebook looked away while data was harvested and sold to Cambridge Analytica (and other firms) ahead of 2016 election then covered it up? Topic finally hit SCOTUS - 10am (Kavanaugh not recusing would be outrageous). 1/3 basically facebook is trying to argue why it didn't need to disclose the "breach" despite never confirming it (2015-2018 which included elections) ahead of scandal going global in 2018. They've since somewhat successfully rewritten history on what happened thru soft press. 2/3

Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1 Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2

Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1 I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2

There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1 It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2

Ka-Boom. Federal court just issued remedy for Google's app store monopoly (found liable by jury earlier this year). Note: this is on the eve of US DOJ posting its remedy framework for Google's monopolies in Search and Search text ads. And yes, adtech opinion to come... /1 Looks like 3 years (I think Epic asked for 6) on a long list of restricts to attempt to cure Google's monopoly abuse in its app store (Google Play). We'll need to do a full review but this section may be most notable for @DCNorg members. And yes, Google will likely appeal. /2

Woah. Lawsuit against Facebook for overpaying $5b+ to FTC and SEC to limit Zuckerberg’s exposure from its cover-up around Cambridge Analytica just took an interesting twist with allegations Sheryl Sandberg was using and purging a separate Gmail account for sensitive matters. /1 This is in a sanctions motion just unsealed against her and another board member (now Biden Chief of Staff). The Delaware lawsuit is brought by pension funds now deposing a number of the board members after a records inspection allowed for a derivative lawsuit. /2

Oh come on, Alex Heath. It's one thing to let Facebook CEO Mark Zuckerberg spread misleading history as part of your getting access and an exclusive interview but it's another thing to do it for him. You stated this for him rather than fact-checking on what actually happened? /1 I don't even know what you're talking about here. Google wrote a check for a few million to DOJ to eliminate the claim allowing for a jury. The case wasn't settled, it's literally wrapping up this week. It was Facebook who has paid more than $5B in settlements to the govt. /2

Woah. Fun. Buried in DOJ adtech antitrust exhibits posted overnight is a highly sensitive summary of Google's monitoring and spinning of the DOJ's search antitrust complaint in 2020 - yes, the landmark case the US DOJ just won. Keep this in mind as you read my thread. /1 Ingredients: a project code-name -> 'BeeGee,' 'fake privilege' as one of Google's legal eagles has called it only to be scorched by Courts, and a Google blog post (AKA PR spin) dutifully shared by influencers and press which is Google's key goal (Facebook does this, too). /2

just found some eye-popping stuff in google discovery under the examples of substantive chats (not deleted). you ready? it's between two key VPs (33+yrs collectively working at Google) and strikes at the intersection of privacy and antitrust as they began cookie deprecation. /1 All yellow highlights are mine. I am going to attempt to translate what is going on here based on my knowledge of all context around this chat and having reviewed and studied the company closely over the years. Correct me on anything you think I've got wrong please. /2

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

And so it begins. Tomorrow. US vs Google 2 antitrust trial. Google has had at least three off record briefings for press in the last month and just now posted its own propaganda blog post which no reporter should share the raw link without proper context. Just report on it. /1 Google also posted its version of our adtech explainer. DCN focused on today and tomorrow but didn’t directly mention Google (only its conflicts of interest). Google focuses on today vs newspapers and takes credit for the web…as it likes to.

DCN on left, Google on right. /2

Motions hearing over. As expected, Google, and its Chief Legal Officer, Kent Walker, had an incredibly bad day as Court heard arguments over its abuse of privilege in the USA v Google adtech pre-trial motion. Scorched (imho) from the bench, “a very big problem for Google” /1 Since it’s no longer a trial, Court noted it wasn’t necessary to rule today but she made crystal clear, quotes as I captured them, “I’m comfortable saying this is not the way a respected corporate entity should function. A clear abuse of privilege.” /2

Nearly 300 more exhibits unsealed in last 24hrs for the Google adtech trial 9/9 in EDVA (on top of the 150 Friday). More insane illustrations of Google's market power, here showing how much of the ad spend in the global auctions run by Google comes through Google. Got that? /1 These are all charts taking the wealth of data provided by Google to illustrate how much margin, marker power and conflicts of interest live with Google's services being on all sides of the advertising auctions (including tied to their search monopoly). /2

As I mentioned, there are about 150 exhibits unsealed in last 24hrs for the Google adtech trial 9/9 in EDVA. I can post my highlights here if you find interesting.
Evidence is damning, trial will be lit. Basically Google sees 84% of the addressable ad market. That's insane. /1 Google had slides like this which no sane monopolist under actual regulatory scrutiny would ever create. But back in the day... and we wonder why they see 84% of the ad market. /2

About to drop a lot in US v Google adtech trial...brace. First, we're going to start with exhibits just unsealed backing up DOJ allegations Google deleted evidence despite a litigation hold. Judge will hear arguments Tuesday. Delays + lack of "produced chats" appear sus. /1 But first a PSA, this Google adtech trial starts 9/9. In the last 24hrs, incredible unsealed exhibits (150+) are flying under radar so humbly suggest press adjust focus - this week Google hosted several useless off-record pre-trial briefings with tech press. Read the docs. /2

Pardon me. There isn't yet enough discussion about the AI implications of Google's dominance. I want to share a bit of important math in the recent decision that Google not only has monopoly power but illegally abused it. Google sees *19 times the queries of rest of market.* 1/4 And we already learned in a landmark UK competition investigation that *15% of daily queries on Google have never been seen before.* This came up a lot at last Fall's US trial - Taylor Swift and Travis Kelce being Judge Mehta's example - as there was a day it was a new query. 2/4

Bam. Facebook just filed its brief for Nov 6th SCOTUS hearing. As much as you may think you know the cover-up, you really should read. I will link to Facebook's petition (and response when filed) along with the actual complaint moving fwd in 9th circuit. But two things. /1 First, if Justice Kavanaugh doesn't recuse then I argue it's the biggest conflict of interest by SCOTUS this year considering he's best friends and reportedly roomed at home of Facebook's top policy exec - Joel Kaplan, in middle of scandal - during confirmation hearings. /2