As many of you know, following its antitrust defeat to DOJ , Google’s remedies sessions occurred recently. The company doesn’t have to sell Android or Chrome , but it also can’t make exclusive deals for its products, like the one with Apple. The company will also have to share search data with rivals, though not all search data.
Google shared Proposed Final Remedies for the end of Google’s adtech trial
Well, the DOJ has its other remedies trial, the one regarding ads, in 14 days, and has posted its PFJ (Proposed Final Remedies) across over 60 pages. Google responded to that with 25 of its own pages. So, let’s see what’s going on here.
As a reminder, this is the continuation of the trial from 2023, where Google lost its adtech trial. If the DOJ’s remedies end up being accepted by Judge Brinkema, that will be a “major win for the open web” , says Jason Kint, who shared the information.
The DOJ is requesting for Google to divest AdX, its ad exchange, and likely DFP, its publisher ad server. That would prevent vertical ad stack monopoly with interest conflicts. That would decouple tools Google can use to rig auctions and suppress pub revenues.
Also, while divestiture is underway, Google would be banned from self-preferencing its own tools, typing/bundling AdX + DFP, discriminating in routing bids, and reinstituting its illegal conduct. Google, on the other hand, wants to go through with only the last point here.
Jason Kint also mentioned that disgorgement would be a part of it, if the DOJ’s terms end up being accepted. Google would be required to put 50% of its net revenue from AdX and DFP into a court-monitored escrow starting on April 17 2025 to support pubs’ ops while moving off DFP, and to fund a neutral industry-run open-source ad auction.
Amongst other things, Google would be required to open-source the code behind its ad auctions
Furthermore, Google would be required to open-source the code behind its ad auctions. That way, publishers would get visibility and a new foundation for transparent auctions. Google would also not be allowed to use its privileged access to publisher/ad buyer data to reinforce its adtech dominance.
The bottom line is, if the court agrees, the DOJ will (according to Jason Kint) unwind two illegal Google monopolies, empower better adtech options for publishers, disgorge G to fund a more competitive ecosystem, and end 10+ years of opaque self-dealing auctions.
Google said that the “open web is already in rapid decline”
The other end of the coin has also been published, as mentioned earlier, Google published 25 of its own pages, and one thing does stand out, big time. Google said that “the open web is already in rapid decline.” If that is true, publishers are in huge trouble, and that’s just part of it.
That’s a claim that won’t sit well with a lot of people. Jason Kint is one of them, as he said this is a “rich claim” considering that “Google has dominated distribution, design, and monetization” of the open web.
AI has changed everything, Google claims
Google claims that AI has changed everything since this case was brought up. The company actually claims that the web has “new enormously popular publishers, such as AI chatbots.”
Each of you will react differently to this, but… we’ll see what happens in court. Kint believes that Judge Brinkema will sign off on the DOJ’s suggestions this time around. We’ll see if that ends up being the case.
