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Judge rules against Google, allows antitrust case to proceed

Judge rules against Google, allows antitrust case to proceed

CTV
Sunday, April 30, 2023 12:54:17 PM UTC

A federal judge on Friday rejected a motion from Google to toss out the government's antitrust case against it.

A federal judge on Friday rejected a motion from Google to toss out the government's antitrust case against it.

U.S. District Judge Leonie Brinkema ruled the lawsuit alleging Google wields monopolistic power in the world of online advertising can proceed in its entirety.

Her ruling is the second setback for Google at the federal court in Alexandria. Google had earlier tried to get the case consolidated with a similar lawsuit that's been ongoing for several years in New York. But Brinkema ruled last month that the case can proceed in the Alexandria courthouse, which is known as the "Rocket Docket" for its reputation of adjudicating disputes swiftly.

The lawsuit alleges that Google holds a virtual monopoly in online advertising that works to the detriment of consumers. The complaint alleged that Google "corrupted legitimate competition in the ad tech industry by engaging in a systematic campaign to seize control of the wide swath of high-tech tools used by publishers, advertisers, and brokers, to facilitate digital advertising."

Google argued that the case should be tossed out, in part because the government defines Google's alleged monopoly too narrowly. Google's lawyers contend the lawsuit does not account for advertisers' ability, for example, to advertise on huge social media platforms like Facebook and TikTok that run their own advertising platforms independent of Google.

In court papers, Google made an analogy to an unsuccessful antitrust lawsuit against Live Nation, a concert promoter that owns and operates a large number of outdoor amphitheaters.

The lawsuit alleged Live Nation held a monopoly on amphitheaters, but a judge ruled that the plaintiffs failed to prove a monopoly in part because they did not take into account reasonable alternatives to amphitheater venues, like indoor concert halls and arenas.

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