Ad Tech Ruling Against Google Mistaken, Says ITIF

WASHINGTON—Following the decision by District Judge Leonie Brinkema in the Eastern District of Virginia finding that Google illegally monopolized segments of the ad space, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, released the following statement from Joseph V. Coniglio, director of antitrust and innovation:

The decision to endorse the DOJ’s contrived “open web display” market definition criterion inexplicably dismisses out of hand the massive digital advertising that occurs through closed platforms, mobile apps, and non-display ads. It is an extremely narrow view of the market.

Moreover, by claiming Google monopolized discrete ad server and ad exchange markets, Judge Brinkema failed to appreciate both the platform dynamics that define the ad tech space and the many alternative ways for advertisers and publishers to transact without Google.

Amazingly, not only did the court misconstrue Google’s restriction of real-time AdX access to use of DFP as a tying claim, but it also discounted all of the many procompetitive justifications Google put forward for its ad tech business practices—despite demonstrably clear benefits for publishers, advertisers, or both.

Google will almost certainly appeal today’s decision to the D.C. Circuit and continue to vigorously defend its business from the DOJ’s ongoing crusade to effectively ruin one of America’s greatest and most innovative companies.

Contact: Sydney Mack, [email protected]