In a landmark decision in the case United States et al. v. Google LLC (Ad tech), Judge Leonie Brinkema of the US District Court for the Eastern District of Virginia ruled that Google violated antitrust laws by acting illegally to maintain monopolies in certain online advertising technologies. The judge wrote, “In addition to depriving rivals of the ability to compete, this exclusionary conduct substantially harmed Google’s publisher customers, the competitive process, and, ultimately, consumers of information on the open web.”
In 2023, the Department of Justice (DOJ) filed suit against Google, alleging that the company “corrupted legitimate competition in the ad tech industry by engaging in a systematic campaign to seize control of a wide swath of high-tech tools used by publishers, advertisers, and brokers, to facilitate digital advertising.” The New York Times called the case one of “a growing push by regulators to rein in the power of large tech companies that shape commerce, information, and communication.” The newspaper—which gave evidence in the trial—noted that the results of this case “could reshape the internet giant and change the way many online ad businesses operate.”
The DOJ retained Robin S. Lee, Professor of Economics at Harvard University, as an expert witness. Prof. Lee testified as the final witness in the government’s case-in-chief. At trial, he explained that publisher ad servers and ad exchanges were relevant antitrust markets, that Google possessed substantial market power protected by barriers to entry in those markets, and that Google’s conduct—including the tying of its publisher ad server and ad exchange products—reduced competition in those markets. The court decision cites Prof. Lee’s work dozens of times, demonstrating the overall impact and contributions of his testimony regarding the relevant markets. Prof. Lee was supported by a team of economists and consultants at Bates White.
The case has been described as one of the most significant antitrust cases in decades with the potential to reshape the future of online advertising. It has garnered extensive media attention, including the New York Times, CNN, and Law360.
