FILE – This April 26, 2017 file photo shows the Google mobile phone icon, in Philadelphia. (Matt Rourke/Associated Press)

Google asks judge to toss out DOJ advertising antitrust case

Christopher Hutton March 28, 10:48 AMMarch 28, 10:48 AM Video Embed

Google requested a judge dismiss the Department of Justice’s advertising-related antitrust lawsuit, one of its first efforts to free itself from federal scrutiny of its advertising practices.

Google argued in a Monday filing that the lawsuit, which the DOJ filed with the backing of eight states in January, adopts a far too narrow definition of online advertising. The agency’s definition ignores all relevant competitors and fails to meet the necessary thresholds for an alleged monopoly, Google argued in its filing.

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The DOJ’s lawyers “characterize Google’s every business decision over the past 15 years as evidence of a long-term scheme to amass power and choke out competition, ignoring the competitive pressures and customer interests driving Google in a dynamic and multi-sided digital marketplace,” Google argued. Google previously attempted to have the case moved from Virginia courts to New York, but that request was denied.

Google also challenged the DOJ’s definition of the “digital advertising market,” alleging it did not solely involve website ads but also ads on apps and video.

“Determining the relevant market is a key threshold question in antitrust enforcement because with an unreasonably narrow view, nearly anything could be alleged to have monopoly power,” Computer and Communication Industry Association President Matt Schruers told the Washington Examiner. The CCIA is a tech advocacy group that has Google as a member. Other lobbyists have argued that Google’s market share is lesser in the wider advertising market.

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The DOJ filed the suit in January, alleging that Google had excess dominance over online advertising. If successful, the suit could force Google to share its ad technology tools with competitors.

The suit is the fifth major antitrust lawsuit against Google in the last two years. The DOJ filed a suit in 2020 alleging that the search engine giant engaged in “anticompetitive and exclusionary practices” in search and advertising practices. The company also faces three antitrust lawsuits from groups of state attorneys general, including one organized by Texas Attorney General Ken Paxton, a Republican. While the suit will increase legal pressure on Google, it will likely take years to be resolved.

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