Google ad tech antitrust trial wraps up: What's next?

The closely watched Google ad tech antitrust trial in the Eastern District of Virginia has concluded after just three weeks, defying initial estimates of a four to six week timeframe. Judge Leonie Brinkema efficiently guided the case, leading to a swifter conclusion.

Closing Arguments Scheduled for Thanksgiving Week:

While the courtroom action has ended, the legal battle continues. Both sides have until November 4th to submit revised findings of fact, outlining key case details. After a three-week review period, closing arguments are set for November 25th, with extended time allocated compared to opening statements. Judge Brinkema may also pose questions during this stage.

Potential 2025 Ruling and Appeals:

A verdict from Judge Brinkema could arrive by early next year. If the Department of Justice (DOJ) prevails, a separate hearing will determine penalties. Both Google and the DOJ are likely to appeal decisions unfavorable to them. This outcome mirrors the ongoing Google antitrust lawsuit over search dominance, with penalties still under deliberation by Judge Amit Mehta.

Google Maintains Competitive Landscape Claims:

Google expressed confidence in its defense, emphasizing a competitive ad tech landscape and challenging the DOJ's definition of the relevant market. They argue "header bidding," a method aimed at maximizing publisher revenue, remains prevalent despite DOJ claims. Google also highlights the prevalence of direct deals between advertisers and publishers, bypassing exchanges altogether.

"In reality many digital ads are not sold on ad exchanges and most publishers don’t use Google Ad Manager. Direct deals, where ad buyers and sellers bypass an exchange entirely, make up 70% of all digital ads spending. As our employees testified, our products help advertisers and publishers streamline traditional, manual negotiation by incorporating “features that come from the programmatic or the real-time bidding world.” Yet the DOJ excluded direct deals, even those using ad tech tools, from its alleged markets," said Lee-Anne Mulholland, Vice President, Regulatory Affairs, Google.

Antitrust Scrutiny Continues:

Regardless of the outcome in Virginia, Google faces further antitrust scrutiny. A separate case led by Texas attorneys general targets similar concerns about Google's power in the digital advertising market. This trial is slated for early 2025.

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