November 25, 2024

Maurice Blackburn flags Australian publisher class action against Google for alleged bid rigging, Meta collusion; $8bn Canadian publisher lawsuit paves way

44 minutes

Australian law firm Maurice Blackburn is investigating a publisher class action against Google in a strikingly similar $8 billion lawsuit already underway in Canada – led by a tiny regional community publishing boss, Lisa Sygutek, who won’t be cowed. “Find your inner warrior, sign-up, go for it,” she urges Australian media owners.

Miranda Nagy, the lawyer leading the Australian class action investigation, likewise calls on publishers large and small to join the proposed action. She’s aiming to secure “best possible” retrospective compensation.

Maurice Blackburn has come to the same conclusion as the US Department of Justice, various European regulators, and a dozen US state attorneys general. They allege Google manipulated and gamed publishers and brands for years with secret deals and projects – some in collusion with Meta – that actively sought to disadvantage them while entrenching Google’s market dominance – taking billions of dollars away from publishers and fleecing advertisers in the process by charging far more than was either necessary or officially disclosed.

The alleged ruses include things like ‘project Bernanke’, in which Google was essentially able to “to take a bigger spread between publishers and advertisers, which means both publishers are getting less money and advertisers are paying more,” according to Adil Abdulla, the lawyer leading the Canadian legal effort through Sotos Class Actions.

Then there was ‘Jedi Blue’, in which Google is accused of colluding with Facebook to kill the free market publishers and the broader ad market had tried to build through header bidding, while ensuring Facebook got an ad auction advantage in return.

Jason Kint, CEO of US peak publisher body Digital Content Next, says Jedi Blue’s impacts “are still playing out” and forecasts “a bloodbath of lawsuits being filed”. He thinks the Trump administration will go just as hard with “eight to 10 different code name projects” to go after. While many US publishers, advertisers and agencies had been “captured” by Google, Kint reckons that “halo is starting to come off”. He urges marketers and the supply chain locally to likewise reject being strong-armed.

For publishers, Future Media founder Ricky Sutton echoes that call: “This is the first window in 20 years where we've got a chance to take back some of the things that we've lost. What we do is too valuable to be lost to one commercial company with a 25 year run in the sunlight.”

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