Google and DOJ Clash Over Final Judgments in Ad Tech Antitrust Case
In the latest development of the ongoing ad tech antitrust case between Google and the U.S. Department of Justice (DOJ), both parties filed their proposed final judgments on Friday night. The 41-page document outlines competing provisions, with each side presenting their preferred language. This filing follows Judge Leonie Brinkema’s proposed remedies, unsealed on September 16, which did not result in a negotiated agreement. Now, Judge Brinkema must resolve the disputes before issuing a binding order.
The core remedies are largely agreed upon. Google must connect AdX to Prebid, allowing publishers to solicit AdX bids through Prebid’s header bidding wrapper. Additionally, Google is barred from reimplementing first look or last look within DFP or AdX for programmatic open web display auctions. Unified pricing rules, which prevent publishers from setting different price floors for different buyers, are also included in the banned auction manipulation tactics. Publishers will gain new data rights, including the ability to export DFP configuration data and historical bid data within three months of the order taking effect.
However, significant disagreements remain. The DOJ wants Google to connect AdX to Prebid within six months, while Google seeks twelve months. The DOJ also insists on global implementation of remedies from Day One, whereas Google wants up to 24 additional months for international compliance. Disputes over data access and the appointment of a compliance monitor further complicate the process. The DOJ proposes nominating a list of candidates for Google to choose from, while Google prefers the opposite approach. The monitor’s powers and the timeline for resolving disputes are also points of contention.
The ball is now back in Judge Brinkema’s court to referee these disputes. Once she signs the enforceable remedies, a 60-day clock will start before any changes take effect. Given the complexity and the history of the case, an appeal from Google is highly likely.