What to Know About Google’s Second Antitrust Trial

Google is currently facing its second major antitrust trial in two years, with the Department of Justice (DOJ) accusing the tech giant of monopolizing the digital advertising technology market. The trial began on Monday in Virginia, following a recent federal court ruling that found Google had unlawfully maintained a monopoly over online search.

What’s the DOJ’s Argument?

The DOJ’s case, filed in January 2023, centers on Google’s alleged anticompetitive practices within the ad tech sector. The department argues that Google has monopolized the ad tech market by controlling all facets: tools for publishers to sell ad space, tools for advertisers to purchase ads, and the exchange that connects the two.

According to the DOJ, Google has used acquisitions to eliminate competitors and then leveraged its market dominance to compel more publishers and advertisers to use its services. The DOJ highlighted Google’s 2008 acquisition of DoubleClick for Publishers, which it claims significantly contributed to Google’s overwhelming control of the market.

“Google’s isn’t here because they are big,” DOJ lawyer Julia Tarver Wood stated during opening arguments. “They are here because they use that size to crush competition.”

Google’s Defense

Google contends that the DOJ’s perspective on the ad tech market is outdated. The company argues that the market is highly competitive with players like Comcast, Disney, Walmart, Target, Microsoft, Amazon, and Meta also participating. Google’s lead attorney, Karen Dunn, criticized the case as being based on an antiquated view of the internet.

The tech giant also asserts that the case attempts to force it to engage with competitors in ways that antitrust laws do not require, given that companies generally are not obligated to deal with rivals.

Impact of the Search Case Decision

This ad tech trial follows a recent ruling by U.S. District Judge Amit Mehta, who found that Google had unlawfully maintained a monopoly in online search. While the search case and the ad tech trial involve different markets and behaviors, the former’s outcome may influence the latter, especially regarding market definitions.

Roger Alford, a law professor at the University of Notre Dame, suggested that the search case’s decision on market definitions could benefit the DOJ in the ad tech case. Conversely, Rebecca Haw Allensworth from Vanderbilt Law School pointed out that the antitrust laws might be less favorable to plaintiffs in this case.

Looking Ahead

The ad tech trial is expected to last four weeks and will be closely watched for its implications on Google’s business practices and broader antitrust enforcement. Discussions regarding potential remedies from the search case are ongoing, with a resolution anticipated by August 2025.

As the trial unfolds, it will not only shape Google’s future operations but also impact the broader regulatory landscape for big tech companies.