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DOJ seeks to make Google sell its ad exchange, AdX
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Google proposes policy changes instead
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Trial part of broader US crackdown on Big Tech
By Jody Godoy
ALEXANDRIA, Virginia, Sept 22 (Reuters) - Alphabet's
Google will seek to avoid a forced sale of part of its online
advertising business in its latest face-off with U.S. antitrust
enforcers at a trial starting on Monday in Alexandria, Virginia.
The trial is the government's next best shot at curbing what a
judge has ruled is Google's monopoly power, after losing a
separate bid to make Google sell its Chrome browser earlier this
month. Online publishers and rival ad tech developers, some of
whom have separately sued Google for damages, will be watching
the case closely.
The U.S. Department of Justice and a coalition of states are
seeking to make Google sell its ad exchange, AdX, where online
publishers pay Google a 20% fee to sell ads in auctions that
happen instantly when users load websites. The government also
seeks to require Google to make the mechanism that decides the
winner of those auctions open source.
U.S. District Judge Leonie Brinkema, who will preside over the
trial, ruled in April that Google holds unlawful monopolies in
web advertising technology. After this week's trial, she will
decide what remedies to impose on the company.
The company has asked Brinkema to take the same cautious
approach as a judge in Washington, D.C., who recently rejected
most of the DOJ's proposals in a separate case over Google's
monopoly in online search.
The cases against Google are part of a larger bipartisan
crackdown by the U.S. on big tech firms, which began during
President Donald Trump's first term and includes cases still
pending against Meta Platforms ( META ), Amazon ( AMZN ) and
Apple ( AAPL ).
Google says the DOJ's proposal is technically unworkable and
would lead to prolonged uncertainty for advertisers and
publishers.
Google had previously offered to sell AdX, however, during
private negotiations to end an EU antitrust investigation,
Reuters reported last year. Google's internal studies on that
potential sale may come into evidence at this week's trial.
Instead of selling AdX, Google has now proposed changing its
policies to make it easier for publishers to use and support
competing platforms. The DOJ has said such requirements alone
are not adequate to restore competition.
A former News Corp executive and executives at DailyMail.com
and Advance Local, which operates local news outlets in eight
states, are among those expected to testify at the trial.
Some of those witnesses testified last year when the DOJ
convinced Brinkema that Google locked publishers into using its
publisher ad server - a platform used by websites to store and
manage their digital ad inventory - by unlawfully tying the
platform to Google AdX.
Doing so allowed Google to engage in practices that were not
in publishers' interests, such as giving Google's advertisers
the first and last opportunity to bid on ads, Brinkema wrote in
her April ruling.
If the DOJ's proposals have not bolstered competition within
four years, Google should also be required to sell its publisher
ad server, the government said in court papers.