Editing Google vs. America
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'''Link to complaint:''' https://storage.courtlistener.com/recap/gov.uscourts.nysd.564903/gov.uscourts.nysd.564903.152.0_1.pdf <br /> | '''Link to complaint:''' https://storage.courtlistener.com/recap/gov.uscourts.nysd.564903/gov.uscourts.nysd.564903.152.0_1.pdf <br /> | ||
'''List of plaintiffs:''' Texas, Alaska, Arkansas, Florida, Idaho, Indiana, Louisiana, Mississippi, Missouri, Montana, Nevada, North Dakota, South Carolina, South Dakota, Utah, Kentucky, Puerto Rico <br /> | '''List of plaintiffs:''' Texas, Alaska, Arkansas, Florida, Idaho, Indiana, Louisiana, Mississippi, Missouri, Montana, Nevada, North Dakota, South Carolina, South Dakota, Utah, Kentucky, Puerto Rico <br /> | ||
The complaint charges Google with monopolizing | The complaint charges Google with monopolizing five markets: ad servers, ad exchanges, ad networks, ad buying tools, and YouTube video ads. | ||
Online advertisers generally do not directly buy advertising space from the publishers of their ads. Instead, they do so through a series of intermediaries, each of which takes its cut of the advertiser's payment. The complaint accuses Google of monopolizing the market in each and every one of them. From publisher (and therefore reader) to advertiser, these are: ad servers, ad exchanges/networks (marketplaces), and ad buying tools. | Online advertisers generally do not directly buy advertising space from the publishers of their ads. Instead, they do so through a series of intermediaries, each of which takes its cut of the advertiser's payment. The complaint accuses Google of monopolizing the market in each and every one of them. From publisher (and therefore reader) to advertiser, these are: ad servers, ad exchanges/networks (marketplaces), and ad buying tools. | ||
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as the users load publishers’ webpage" and "controls how the different marketplaces can access and compete for a publisher’s inventory." (39) Third, it routes ads sold for a premium to "high-value users" who are more likely to make a purchase upon seeing them (40). | as the users load publishers’ webpage" and "controls how the different marketplaces can access and compete for a publisher’s inventory." (39) Third, it routes ads sold for a premium to "high-value users" who are more likely to make a purchase upon seeing them (40). | ||
Marketplaces are of two kinds: exchanges for large publishers, networks for small ones (44). Exchanges are "real-time auction marketplaces that match multiple buyers and multiple sellers on an impression-by-impression basis", an "impression" being every time a unique user sees an ad (45). Ad exchanges are only open to advertisers with a minimum number of page views, and that minimum is usually in the millions (46). Like exchanges, ad networks "match publishers' inventory with their advertisers' demand"; however, they "obscure prices within auctions" so that neither buyer nor seller knows the rate at which they take a cut of the buyer's payment. They can do that because they buy the ad space from publishers then resell it to advertisers (52). There are separate networks for web display ads and mobile app ads (53). | Marketplaces are of two kinds: exchanges for large publishers, networks for small ones (44). Exchanges are "real-time auction marketplaces that match multiple buyers and multiple sellers on an impression-by-impression basis", an "impression" being every time a unique user sees an ad (45). Ad exchanges are only open to advertisers with a minimum number of page views, and that minimum is usually in the millions (46). Like exchanges, ad networks "match publishers' inventory with their advertisers' demand"; however, they "obscure prices within auctions" so that neither buyer nor seller knows the rate at which they take a cut of the buyer's payment. They can do that because they buy the ad space from publishers then resell it to advertisers (52). There are separate networks for web display ads and mobile app ads (53). Google's exchange charges sellers "19 to 22 percent of...clearing prices" (48) and its network charges sellers "''around 32 to 40 percent of each transaction''" (54). | ||
Ad buying tools are the agents of advertisers, who interface with marketplaces on their behalf, just like how ad servers interface with marketplaces on the behalf of publishers. Ad buying tools for large advertisers are called demand-side platforms (57). Advertisers are required to spend a minimum amount of money to use one, typically in the five figures, because a demand-side platform offers advertisers more freedom to bid and trade and is therefore much more complex (59). | Ad buying tools are the agents of advertisers, who interface with marketplaces on their behalf, just like how ad servers interface with marketplaces on the behalf of publishers. Ad buying tools for large advertisers are called demand-side platforms (57). Advertisers are required to spend a minimum amount of money to use one, typically in the five figures, because a demand-side platform offers advertisers more freedom to bid and trade and is therefore much more complex (59). | ||
It's not practical for either advertisers or publishers to bypass this system. Every time a user visits a publisher's page, the publisher's ad server sends information about the user and the ad slot to a marketplace. The marketplace requests bids for that impression from ad buying tools. Ad buying tools have to process the request, determine the price they think the impression is worth, and respond to the bid request with that price. ''This all has to happen in a split second, before the page is even finished loading'' (60). | It's not practical for either advertisers or publishers to bypass this system. Every time a user visits a publisher's page, the publisher's ad server sends information about the user and the ad slot to a marketplace. The marketplace requests bids for that impression from ad buying tools. Ad buying tools have to process the request, determine the price they think the impression is worth, and respond to the bid request with that price. ''This all has to happen in a split second, before the page is even finished loading'' (60). | ||
==US antitrust law in general== | ==US antitrust law in general== |