How May Google Fight an Antitrust Case? Look at This Little-Noticed Paper

Google controls merchandise that help in each step of that course of, together with the totally different items of software program for advertisers and publishers that run auctions for advert house. Because publishers typically publish their open advert house to a number of digital advert firms — together with Google’s — the businesses can compete with each other to see who can receive essentially the most cash from an advertiser to make use of the slot.

Google’s critics say it has achieved a degree of dominance within the advert tech market that makes truthful competitors not possible. They argue that Google has, previously, been in a position to place itself as the ultimate bidder towards different advert tech suppliers, basically giving its companies an unfair benefit. And they are saying the corporate can now use its immense trove of information to get a leg up on different platforms, probably permitting it to cost costs that aren’t aggressive.

In the paper filed in Australia, Daniel Bitton, a associate at the legislation agency Axinn, Veltrop and Harkrider, which has represented Google for years in antitrust instances, and Stephen Lewis, an financial advisor, tackle lots of these criticisms.

The two argue that the corporate competes with a big selection of corporations to run the marketplace for advert house, together with Amazon and lesser-known gamers just like the Trade Desk. (Only one different firm listed on a chart produced by the Google advisers additionally owns merchandise servicing each a part of the advert shopping for course of: AT&T.)

Mr. Bitton and Mr. Lewis observe that Google’s methods work with different firms’ merchandise. And they argue that Google’s merchandise have made the method of shopping for advertisements extra environment friendly or supplied robust alternate options for consumers and sellers. They denied that the corporate’s software program gave it an inappropriate benefit over its rivals’ bids for advert house — and say the corporate made adjustments lately that make it not possible for its merchandise to have the assured ultimate bid in an public sale.

A Justice Department case might additionally deal with considerations about Google’s advert tech enterprise past what’s tackled within the Australia paper, like whether or not it costs unfair charges to publishers for serving to them promote advert house.

“The antitrust laws are about protecting competition, not individual competitors,” Mr. Bitton and Mr. Lewis write. “Trying to protect individual competitors or market participants, when a marketplace is as dynamic as ad tech, carries significant risk of stifling competition and innovation, rather than promoting or protecting it.”

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