Canadian Ad Insider

The judge state that Google violated Section 2 of the Sherman Act by “willfully acquiring and maintaining monopoly power in the open web display publisher ad server market and the open-web display ad exchange market.”  She also determined that Google unlawfully tied its publisher ad server (DFP) with its ad exchange (AdX).

Many in the industry have been anticipation since the closing arguments were delivered in late November. The trial itself took place over three rapid-fire weeks of testimony in September, with the expectation that there would be a ruling by early this year.

Now what?

The Department of Justice is advocating for both structural and behavioral remedies regarding Google’s ad tech assets. These include a potential forced divestiture and a ban on Google self-preferencing its own ad products and services.

The government requested the court to sanction Google for spoliation, which refers to the destruction or suppression of evidence or the failure to take reasonable steps to preserve it.

Judge came hard and fast

“For over a decade,” she wrote, “Google has tied its publisher ad server and ad exchange together through contractual policies and technological integration, which enabled the company to establish and protect its monopoly power in these two markets.”

Google's actions to be a monopoly

“Google further entrenched its monopoly power by imposing anticompetitive policies on its customers and eliminating desirable features,” she continued. “In addition to depriving rivals of the ability to compete, this exclusionary conduct substantially harmed Google’s publisher customers, the competitive process, and ultimately, consumers of information on the open web.”

In other Google antitrust news, the remedy phase for the search case will commence on Monday in Washington, DC. Last year, Google was found guilty of monopolizing the internet search and search text advertising markets. The punishment for this case will be determined in the upcoming weeks.