Bates White supports expert in second successful US v. Google case on behalf of the Department of Justice
The US Department of Justice (DOJ) retained Robin S. Lee, a Professor of Economics at Harvard University, as an expert witness in United States et al. v. Google LLC (Ad tech). The DOJ alleged that Google violated Sections 1 and 2 of the Sherman Act through unlawful monopolization of the markets for publisher ad servers and ad exchanges for open-web display advertising and “wielded its market power in various ad tech tools to undermine attempts by publishers, advertisers, and rivals to introduce more competition for digital advertising transactions.” In addition, DOJ claimed that the challenged conduct deprived rivals of sufficient scale to meaningfully compete, stifled innovation, and raised the price of transactions for open-web display advertising, thereby harming open-web publishers and advertisers.
In her ruling on April 17, 2025, US District Judge Leonie Brinkema found that Google violated both Sections 1 and 2 of the Sherman Act by “willfully acquiring and maintaining monopoly power” in the above-referenced markets and by unlawfully tying its publisher ad server and ad exchange (AdX). The opinion stated that Prof. Lee “provided credible testimony that a hypothetical monopolist of publisher ad servers for open-web display advertising could profitably increase price or degrade quality without the risk of significant substitution due to the lack of close alternative products available to publishers.” The court also determined that ad exchanges for open-web display advertising were a relevant market and that the relevant geographic market was worldwide, as Prof. Lee testified. The Court also agreed with Prof. Lee’s testimony that “the totality of evidence is consistent with substantial and sustained market power on the part of AdX.”
The case has garnered significant media interest, including coverage by the New York Times, CNN, and Law360.
Prof. Lee was supported by a team of economists and consultants at Bates White.