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Google says DOJ's 'narrow view' of the adtech market is not based on reality ahead of antitrust trial

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The Department of Justice's latest antitrust case against Google has kicked off. Roberto Machado Noa/Getty Images
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Google and antitrust regulators are facing off in federal court over allegations that the tech giant built up an illegal monopoly of the $300 billion US digital-advertising market.

The antitrust trial, which could result in a breakup of the internet behemoth, officially opened Monday in Alexandria, Virginia.

On Sunday, before the trial kicked off, Google's vice president for regulatory affairs said in a blog post that the Department of Justice — which sued the company last year for its dominance over digital-advertising technologies — had it all wrong.

"The DOJ's narrow view of the ad tech market doesn't reflect reality," Lee-Anne Mulholland wrote. "We are one of hundreds of companies who actively compete to enable the placement of ads across the internet."

Mulholland said Google intended to show in court that the buyers and sellers of ads have "many options" and choose to use its adtech because it's "simple, affordable, and effective."

"By picking winners and losers in a highly competitive industry, the DOJ risks making it more expensive for small businesses to grow and for websites and apps to make money. Let's not break what's working," Mulholland wrote.

"The DOJ's case," Mulholland added, "risks inefficiencies and higher prices — the last thing that America's economy or our small businesses need right now."

Google's lawyer Karen Dunn said the government's case relied on an outdated view of the internet from when desktop browsing on the World Wide Web was the norm.

The case zooms in on the "open web display" ad market, where banner ads are bought and sold in the milliseconds it takes for a webpage to load. Within this market, Google owns an ad server that publishers use to manage their ad space, buying tools that let advertisers purchase ads, and an ad exchange that connects the two. It owns the most popular of all three technologies, which the DOJ alleges helped the company impede rivals, inflate advertising costs, and reduce revenue for publishers.

In an opening statement Monday, Julia Tarver Wood, a DOJ lawyer, told the court, "It's worth saying the quiet part out loud."

"One monopoly is bad enough. But a trifecta of monopolies is what we have here," she said, according to The Associated Press.

The case doesn't look at the broader digital-marketing ecosystem, such as ads on connected TVs or social media, the latter of which usually need to be bought directly from the platforms themselves rather than via adtech middlemen.

She added that any move against Google wouldn't help small businesses but instead let other tech giants, like Amazon, Microsoft, and TikTok, reign.

The case, in which US District Judge Leonie Brinkema will decide whether Google violated antitrust laws, is set to last several weeks.

Google will likely appeal if the judge doesn't rule in its favor, meaning it could be months before the real ramifications of the case are known.

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Natalie Musumeci
Natalie is a senior reporter on Business Insider's Business News team covering the AI and data center boom.She was previously on BI's Legal Affairs team, where she handled major cases coming out of state and federal court, as well as bankruptcy. Her coverage often focused on stories at the intersection of law, business, politics, and technology. Natalie has covered Donald Trump’s criminal and civil cases, the wave of lawsuits against the second Trump administration, the indictment and criminal trial of Sean “Diddy” Combs, the shooting death of UnitedHealthcare CEO Brian Thompson, and the legal battles facing Elon Musk and his companies. Natalie came to Business Insider in June 2021 as a breaking news reporter, focusing on the most interesting angles on the day's trending news. Natalie largely drove BI’s coverage around the fatal “Rust” shooting involving Alec Baldwin and the disappearance and murder of Gabby Petito.Prior to joining BI, Natalie worked for the New York Post, the New York Daily News, and The Brooklyn Paper. She has an extensive background covering crime and courts. During her more than 12-year journalism career, she did a stint covering the police beat out of the New York Police Department's headquarters. Natalie, a Brooklyn native, graduated from Brooklyn College in 2012 with a degree in journalism. 
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Lara O'Reilly
Lara O'Reilly is the anchor of the CMO Insider newsletter.She is a chief correspondent who has covered the digital advertising, marketing, and media industries since 2010. Her current beat includes big tech companies like Alphabet and Meta, adtech firms, agencies, publishers, the creator economy, and CMOs.Lara has previously worked as a reporter and executive producer at titles including The Wall Street Journal, Digiday, Yahoo Finance, and Marketing Week. She was previously Business Insider's senior global advertising editor from 2014 to 2017.Lara is a regular guest on TV and radio and has appeared on outlets such as the BBC, NPR, SiriusXM's Wharton Business Daily, and CTV Television Network. She also frequently speaks on stage at major events such as Web Summit, IFA, VivaTech, Advertising Week, and Cannes Lions.To get in touch with Lara O'Reilly, email loreilly@bjinnox.com or contact her on Signal at @loreilly.71