is set to face a trial on September 22 to determine the specific remedies that will be imposed on the tech giant to restore competition within the online advertising markets, a US District Judge in Alexandria, Virginia, has ruled. The decision follows a hearing involving Google and the US Department of Justice (DOJ) regarding potential solutions to the antitrust concerns raised in the case.
The DOJ lawsuit is seeking a significant structural remedy: the forced sale of Google's publisher ad server and ad exchange tools. These tools are critical infrastructure for online publishers, enabling them to manage and sell their digital advertising space.
The upcoming trial will delve into the specifics of how to address Google's dominance over the technology used by online publishers to sell advertisements. Both Google, a unit of Alphabet, and the DOJ are expected to submit detailed proposals outlining their respective positions on potential remedies by Monday (May 5).
Google says selling ad tech business will harm internet users
Conversely, Google's legal counsel, Karen Dunn, argued that while the company supports behavioural remedies – such as ensuring real-time bidding access for competitors – the DOJ's pursuit of a forced sale of parts of Google's business is legally untenable.
Dunn further contended that such a move would ultimately harm internet users and would likely face challenges in finding suitable and willing buyers for the divested assets.
Publisher ad servers are essential platforms that allow websites to organise and manage their available digital advertising inventory. Working in conjunction with ad exchanges, this technology is the primary mechanism through which news publishers and other online content providers generate revenue by selling advertising space.
In April, it was ruled that Google had unlawfully tied publishers' use of its ad exchange to the mandatory use of its ad server. The judge found that these actions constituted anticompetitive policies that were not in the best interests of Google's publisher customers, ultimately harming competition, publishers' profitability, and, by extension, internet users.