Publishers Allowed to Seek $3.2 Billion in Damages from Google

Publishers, including USA Today Co. and Daily Mail General and Trust Plc, can now seek over $3.2 billion in damages from Google following a ruling by a New York federal judge. US District Judge P. Kevin Castel allowed jury trials to proceed on claims related to Google’s AdX advertising exchange, rejecting the tech giant’s challenge to the damage calculations presented by the publishers.

The publisher class will pursue approximately $1.7 billion in damages, while USA Today, which filed a separate case, can seek roughly $900 million. Daily Mail is eligible to pursue about $600 million in damages. Google, however, noted that the ruling dismissed claims from some publishers who used a different advertising-buying tool and stated it will defend the remaining claims in court.

Polly Grunfeld Sack, chief legal counsel at USA Today Co., described the ruling as a significant result that narrows the issues ahead of trial. She mentioned that the decision allows the publisher to pursue $1 billion in worldwide damages before potential trebling under US antitrust law. Philip Korologos, a partner at Boies Schiller Flexner LLP representing the publishers, indicated that the plaintiffs plan to present their claims to a jury and seek recovery of the alleged damages.

The litigation stems from the US Justice Department’s 2023 antitrust case against Google, which accused the company of illegally monopolizing parts of the advertising technology market. A federal judge in Virginia previously found that Google had illegally monopolized two ad tech markets and ordered the company to make its advertising technology interoperable with competitors’ tools, though it did not require a breakup of the business. The New York lawsuits seek monetary damages tied to the same conduct, but a trial date has not yet been scheduled.