Google’s Next Antitrust Trial Could Make Online Ads Less Annoying

Google argues that it faces fierce competition from Meta, Amazon, Microsoft, and others. It further contends that customers benefited from each of the acquisitions, contracts, and features that the government is challenging. “Google has designed a set of products that work efficiently with each other and attract a valuable customer base,” the company’s attorneys wrote in a 359-page rebuttal.

For years, Google publically has maintained that its ad tech projects wouldn’t harm clients or competition. “We will be able to help publishers and advertisers generate more revenue, which will fuel the creation of even more rich and diverse content on the internet,” Drummond testified in 2007 to US senators concerned about the DoubleClick deal’s impact on competition and privacy. US antitrust regulators at the time cleared the purchase. But at least one of them, in hindsight, has said he should have blocked it.

Deep Control

The Justice Department alleges that acquiring DoubleClick gave Google “a pool of captive publishers that now had fewer alternatives and faced substantial switching costs associated with changing to another publisher ad server.” The global market share of Google’s tool for publishers is now 91 percent, according to court papers. The company holds similar control over ad exchanges that broker deals (around 70 percent) and tools used by advertisers (85 percent), the court filings say.

Google’s dominance, the government argues, has “impaired the ability of publishers and advertisers to choose the ad tech tools they would prefer to use and diminished the number and quality of viable options available to them.”

The government alleges that Google staff spoke internally about how they have been earning an unfair portion of what advertisers spend on advertising, to the tune of over a third of every $1 spent in some cases.

Some of Google’s competitors want the tech giant to be broken up into multiple independent companies, so each of its advertising services competes on its own merits without the benefit of one pumping up another. The rivals also support rules that would bar Google from preferencing its own services. “What all in the industry are looking for is fair competition,” Viant’s Vanderhook says.

If Google ad tech alternatives win more business, not everyone is so sure that the users will notice a difference. “We’re talking about moving from the NYSE to Nasdaq,” Ari Paparo, a former DoubleClick and Google executive who now runs the media company Marketecture, tells WIRED. The technology behind the scenes may shift, but the experience for investors—or in this case, internet surfers—doesn’t.

Some advertising experts predict that if Google is broken up, users’ experiences would get even worse. Andrey Meshkov, chief technology officer of ad-block developer AdGuard, expects increasingly invasive tracking as competition intensifies. Products also may cost more because companies need to not only hire additional help to run ads but also buy more ads to achieve the same goals. “So the ad clutter is going to get worse,” Beth Egan, an ad executive turned Syracuse University associate professor, told reporters in a recent call arranged by a Google-funded advocacy group.

But Dina Srinivasan, a former ad executive who as an antitrust scholar wrote a Stanford Technology Law Review paper on Google’s dominance, says advertisers would end up paying lower fees, and the savings would be passed on to their customers. That future would mark an end to the spell Google allegedly cast with its DoubleClick deal. And it could happen even if Google wins in Virginia. A trial in a similar lawsuit filed by Texas, 15 other states, and Puerto Rico is scheduled for March.