The Monopoly Report

Episode 63: Why are publishers and adtechs privately suing Google on antitrust grounds?


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This week, Brendan Benedict joins Alan Chapell to talk about some of the recent civil antitrust complaints filed against Google by publishers including Penske, The Atlantic, McClatchy, Conde Nast, and Vox Media. With Judge Brinkema's remedies decision pending and a slew of other jurisdictions (e.g., EU, Canada) attempting to remedy Google's adtech practices, why are so many publishers and adtech companies jumping into the pool?

Brendan Benedict may be found at: https://www.benedictlawgroup.com/brendan-benedict 


The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/


Takeaways

  • The DOJ ruling gives private plaintiffs a head start on liability.
  • These cases will mostly come down to damages calculations.
  • Google avoided a jury, but the detailed opinion may make appeals harder.
  • Remedies are likely behavioral, not divestiture.
  • Statute of limitations could decide how far back damages go.

  • Chapters

    00:00 Intro & Guest Welcome

    02:20 DOJ Remedies Decision Still Pending

    06:20 Overview of Private Civil Lawsuits Against Google

    07:05 Publisher Allegations

    08:30 Damages Scale Discussion

    10:05 DOJ Heavy Lifting for Private Plaintiffs

    13:00 Case Consolidation & MDL Structure

    15:25 Google Appeal Strategy

    19:05 Duke Energy & “Monopoly Broth” Issue

    21:45 Jury Trial Avoidance and Implications

    23:45 Texas AG Case Expansion

    26:00 Europe and Divestiture Pressure

    29:05 Calculating Lost Revenue Damages

    31:10 Statute of Limitations Debate

    33:05 Settlement Likelihood & Bellwether Trials

    39:20 FTC Meta Appeal Sidebar

    48:10 Final Takeaways Summary

    52:15 Closing & Upcoming Guest Preview

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