DOJ Pushes Google Ad Manager Breakup as Remedies Trial Starts Monday - What It Means for Publishers and Advertisers

Key Details

• Proceeding: United States et al. v. Google LLC, No. 1:23-cv-00108-LMB-JFA (E.D. Va.).
• Judge: U.S. District Judge Leonie M. Brinkema presiding.
• Location: Alexandria Division of the U.S. District Court for the Eastern District of Virginia.
• DOJ request: Structural remedies that include a Google Ad Manager divestiture.
• Product scope: Google Ad Manager combines DoubleClick for Publishers (DFP) and the AdX exchange.
• Google position: A breakup would disrupt publishers and raise advertiser costs, the company says in its statement.
• Proposed remedy: Allow third-party tools to access Google advertiser bids in real time - see the company's May filing.
• Proposed rule change: Phase out Unified Pricing Rules for open-web display, per the same May filing.
• Appeal status: Google states it will appeal the liability ruling in its statement.
• Effectuation: Any remedies take effect only if ordered by the court.

Background Context

In April, Judge Brinkema found that Google violated the Sherman Act in two markets - publisher ad servers and ad exchanges - and found an unlawful tying of DFP and AdX. The court rejected claims regarding advertiser ad networks and past acquisitions. Coverage of the liability decision is available here: ruling.

DOJ filed the case in January 2023 in the Eastern District of Virginia. Publisher ad servers deliver ads on websites, while ad exchanges run display auctions. Google Ad Manager integrates DFP and AdX into one product. Related filings and resources: DOJ Antitrust Division resources and the U.S. District Court for the Eastern District of Virginia.

What Comes Next

The remedies trial starts Monday in Alexandria. The court will consider structural relief, including a potential divestiture of Google Ad Manager. Remedies will take effect only if ordered by the court. Google says it will appeal the liability ruling and any remedy order, per its statement.