Episode 63: Why are publishers and adtechs privately suing Google on antitrust grounds?

This week, Brendan Benedict joins Alan Chapell to talk about some of the recent civil antitrust complaints filed against Google by publishers including Penske, The Atlantic, McClatchy, Conde Nast, and Vox Media. With Judge Brinkema's remedies decision pending and a slew of other jurisdictions (e.g., EU, Canada) attempting to remedy Google's adtech practices, why are so many publishers and adtech companies jumping into the pool?

Brendan Benedict may be found at: https://www.benedictlawgroup.com/brendan-benedict 

The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/

Takeaways

• The DOJ ruling gives private plaintiffs a head start on liability.
• These cases will mostly come down to damages calculations.
• Google avoided a jury, but the detailed opinion may make appeals harder.
• Remedies are likely behavioral, not divestiture.
• Statute of limitations could decide how far back damages go.

Chapters

00:00 Intro & Guest Welcome

02:20 DOJ Remedies Decision Still Pending

06:20 Overview of Private Civil Lawsuits Against Google

07:05 Publisher Allegations

08:30 Damages Scale Discussion

10:05 DOJ Heavy Lifting for Private Plaintiffs

13:00 Case Consolidation & MDL Structure

15:25 Google Appeal Strategy

19:05 Duke Energy & “Monopoly Broth” Issue

21:45 Jury Trial Avoidance and Implications

23:45 Texas AG Case Expansion

26:00 Europe and Divestiture Pressure

29:05 Calculating Lost Revenue Damages

31:10 Statute of Limitations Debate

33:05 Settlement Likelihood & Bellwether Trials

39:20 FTC Meta Appeal Sidebar

48:10 Final Takeaways Summary

52:15 Closing & Upcoming Guest Preview

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