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DOJ’s Proposed Remedies in the Google Ad Tech Case Ignore the Competitive Landscape

Ahead of the Google ad tech remedies trial set to start in September, the DOJ filed its proposed remedies plan – which would force Google to divest part of its business, like the technology that enables it to bring advertisers and publishers together, which includes AdX and Google DFP. The DOJ’s proposed remedies ignore the dynamics of the evolving ad tech market and risks harming the consumers and small businesses who depend on it.

The Digital Ad Space is Competitive

The digital advertising market is becoming increasingly competitive and dynamic, with online advertising migrating from desktop-based open web browsing to new channels.

— New means of search and advertising have caused Google’s ad tech share to decrease. eMarketer found that in 2025 Google’s share of overall U.S. digital ad revenue will decline to 24.6%, which will mark four straight years of declining share.

— According to Google’s 2024 10-K, year-over-year revenue for Google Networks, the division of the company which includes AdSense and Google Ad Manager, declined, strong evidence of healthy competition

The Ruling Leaves Small Businesses Out To Dry

Forcing Google to part with its ad tech would hurt the small businesses and advertisers that rely on it most.

Google’s ad tech tools provide simple and affordable access to audiences for businesses without large budgets or marketing teams, helping businesses make an estimated average of $2 in revenue for every $1 spent on Google Ads. Changes to the advertising structure would create greater complexity and cost that could force small businesses to pay more or drop out of digital advertising entirely.

— Small businesses like Beekman 1802 rely on Google’s ad tech offerings. Founders Josh and Brent used Google Ads to advertise their goat soap business and saw 280% return on ad spend.

Small businesses that rely on revenue from selling ad space would also be harmed in the breakup.

— In a 2023 survey, 57% of small business publishers said they earned more than $50,000 per year in revenue from selling digital ads and 40% said selling ad space drives at least half of their small businesses’ revenue. Going into the remedies trial in September, the court must consider the realities of the competitive advertising market and the harm that consumers will bear with significant disruptions to advertising tools.

Read more on the Google search case here, here, and here.

ad techAntitrustCompetition In Techregulation

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