Google faces more than $3.2B in ad tech damages claims from publishers
A federal judge cleared USA Today, Daily Mail and a class of roughly 5,000 publishers to pursue damages tied to Google’s advertising exchange.
Google could face more than $3.2 billion in damages claims from USA Today, Daily Mail and thousands of other publishers after a federal judge allowed their antitrust cases over the company’s advertising technology business to proceed to jury trials.
US District Judge P. Kevin Castel in Manhattan ruled Wednesday that a class of roughly 5,000 publishers can pursue about $1.7 billion in damages related to Google’s AdX advertising exchange.
USA Today and Daily Mail, which filed separate lawsuits, can seek approximately $900 million and $600 million, respectively.
The publishers allege that Google’s conduct in digital advertising markets harmed their businesses by reducing competition and affecting the prices generated through its ad exchange.
Google said the ruling also dismissed claims brought by some publishers that used a different advertising buying tool and said it plans to defend the remaining claims in court.
USA Today described the decision as a significant step toward recovering damages, while lawyers representing the publisher class said they expect to present their claims to a jury.
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The cases stem from the same conduct examined in the US Justice Department’s antitrust case against Google.
A federal court in Virginia previously found Google illegally monopolized two advertising technology markets. In September, the court ordered Google to make parts of its ad tech systems interoperable with competing products but declined to force the company to sell its AdX exchange.
The New York lawsuits are focused on monetary damages stemming from that conduct rather than structural remedies.
Under US antitrust law, successful plaintiffs can potentially receive three times the amount of proven damages, meaning the eventual financial exposure could be considerably higher if the publishers prevail.
Castel has not yet scheduled a trial date.
The case is In re: Google Digital Advertising Antitrust Litigation in the US District Court for the Southern District of New York.