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 Learn more about your ad choices. Visit megaphone.fm/adchoices