U.S. District Court Ruled Google Violated Antitrust Laws

AdMonsters Wrapper: The weekly ad tech news wrap up
This Week
August 12, 2024
Court Rules Google Violated Antitrust Laws
Adtech Startups Struggle in 2024
Meta and Google Target Ads to Minors
Is Google’s Antitrust Ruling the Beginning of the End for Walled Gardens?
The courts have been waging their antitrust war against Google for quite some time. The legislative and tech giants have lodged assault after assault, and we have waited with bated breath for the final ruling.

This past Monday, the U.S. District Court ruled that Google violated antitrust laws, marking a pivotal turn in this landmark case against the walled garden. But the war is far from over.
Google announced plans to appeal the ruling that found it illegally maintained a monopoly in the online search market. Judge Amit P. Mehta of the U.S. District Court for the District of Columbia handed down the decision, which could potentially reshape the company's business practices and the Internet. I know it was quite the doozy for Big G to face this ruling. Despite mass criticism, they seemed fairly untouchable up to this point.

Judge Mehta ruled that Google misused its dominant position in the search market by making substantial payments to companies like Apple to secure its search engine as the default option on various devices and web browsers. When the Justice Department initiated this antitrust case, the critical focus centered around Google's practice of paying billions annually to companies such as Apple, Samsung, and Mozilla for prime placement, particularly in web browsers and smartphones.

The ruling concluded that Google's actions violated Section 2 of the Sherman Act, which prohibits monopolistic practices in trade and commerce. Google's president of Global Affairs, Kent Walker, indicated that the company would challenge the ruling, arguing that Google's practices have delivered significant benefits to consumers and advertisers by providing a superior search engine.

Is this the beginning of the end for walled-garden dominance in ad tech? At the end of last year, Susie Stulz predicted that new rulings could overturn the current business models that allowed walled gardens to dominate Web 2.0. This may only be the start. The U.S. District Court's ruling could potentially influence the cases against two other major powers sustaining the walled gardens — Meta and Amazon.

The three-headed monster has held onto the bulk of ad spend for quite some time. Is an ad tech revolution upon us? We'll have to wait and see. – AB
From Boom To Bust: Why Adtech Startups Are Struggling in 2024
Adtech startups are staring down a funding cliff in 2024, and it's not a pretty sight, as funding levels have plummeted to their lowest in over a decade. U.S. companies in the sector raised only around $360 million this year, a dramatic drop from the billions seen in previous years.

The reasons behind this decline are multifaceted, with market saturation, tighter regulatory pressures, and economic uncertainties all contributing to investors' growing caution. Adding to the challenge is that fewer deals are being made, and the rounds that do happen are smaller than in the past.

While startups feel the squeeze, more mature ad tech companies like The Trade Desk and PubMatic are holding their ground. These established players, many of which once relied on venture funding, are now navigating the storm better than their younger counterparts. For example, The Trade Desk remains a heavyweight boasting a $43 billion market cap and nearly $2 billion in revenue last year. This contrast highlights a growing divide in the ad tech sector, where mature companies seem better equipped to weather the storm.

The message is clear: in a rapidly changing landscape, ad tech companies need to focus on innovation, cost-efficiency, and a clear path to profitability if they hope to survive and thrive in the years ahead. Experts like NYU Stern’s Anindya Ghose, believe that ad tech funding could rebound, particularly for startups leveraging AI and other advanced technologies. The days of easy VC money are over, but those who can adapt may still have a bright future. - LdJ
Meta and Google’s Teen Targeting Tango: A Case Study in Why KOSA and COPPA 2.0 Matter
Just as the ink dries on new legislative efforts to protect kids online, Meta and Google seem determined to remind us why these laws are necessary. According to recent reports from the Financial Times, these tech giants secretly collaborated to target minors with ads, using a loophole in Google’s ad systems to disguise the true nature of their audience. Under the guise of an “unknown” demographic, these ads were funneled straight to teens, despite the companies’ public promises to the contrary.

This isn’t the first time these two have played fast and loose with user data. Remember the tag team effort to sidestep Apple’s privacy tools? The more things change, the more they stay the same. But now, with Congress ramping up efforts to pass the Kids Online Safety Act (KOSA) and COPPA 2.0, the stakes are higher than ever. KOSA aims to force platforms to build safety features directly into their designs, while COPPA 2.0 looks to extend privacy protections to teens up to age 17. Given the current landscape, these regulations are starting to feel less like red tape and more like lifelines.

The timing of this latest scandal is almost poetic. With KOSA and COPPA 2.0 making headlines, Meta and Google’s secret campaign is a glaring example of why these laws are desperately needed. These platforms have proven that, left to their own devices, they’ll prioritize profits over privacy every time. And while Google has since pulled the plug on this particular campaign, the damage to public trust — and possibly to the platforms’ relationships with advertisers — may be harder to repair.

For those of us in ad tech, this is a wake-up call. The power dynamics between platforms and advertisers are already skewed, but when you throw in the exploitation of minors, it’s clear we’re dealing with more than just business as usual. As KOSA and COPPA 2.0 make their way through Congress, it’s worth considering how these laws might protect young users and level the playing field for advertisers and publishers who are tired of being kept in the dark.

So, what’s the lesson here? Big Tech’s willingness to gamble with privacy underscores the need for robust legislation. KOSA and COPPA 2.0 aren’t just bureaucratic hurdles — they’re essential guardrails in a world where the game’s rules are constantly being rewritten. And as Meta and Google’s latest moves show, it’s high time we paid attention. – LdJ
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Competing in the Premium Open Internet
Interesting tidbit from TTD that I expect other adtech companies will and should imitate: "For large brands, the *premium open internet* now rivals walled gardens in terms of scale, thanks to advances in key channels like CTV and audio."

The challenge for other companies is making the case for themselves as the portal to the premium internet when TTD is viewed as the leader in that category.

One way to do that is to make a case on addressability. Some TTD competitors have their own IDs. Viant, for example, has their household ID, which uses physical address, not email, as a source of truth.

Another competitive variable is price. TTD is the leader, and leaders tend to take big margins. (This is speculation; idk for sure how take rates compare.)

But another point to make is not every other open internet adtech co needs to *beat* TTD. They can also ride the wave of the so-called premium internet. In theory, TTD's campaign for the premium internet vis-à-vis the walled gardens, a campaign that has Wall Street's attention, could be a tide that lifts the other boats in the premium internet ocean (eg all the other public DSPs and SSPs).
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LabTalks x MagnaIPG: Innovations in Supply Path Optimization
In the latest LabTalks episode, Ben sits down with Flaminia Sapori, Inventory Product Development Lead at Magna IPG. Flaminia shares her insights on the evolving ad tech landscape, the importance of Supply Path Optimization (SPO), and the challenges of achieving transparency and sustainability in the ad supply chain.
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