NY Court Allows State Lawsuit Against Google Ad ‘Monopoly’ to Proceed

Seventeen states can proceed with their lawsuit claiming Google monopolized digital advertising through an agreement with Facebook, the U.S. District Court in Manhattan ruled Tuesday in 1:21-md-03010 (see 2203220062). The state attorneys general, from states and territories including Texas, Nevada, Puerto Rico and Utah, “have plausibly alleged that Google has monopoly power in and willfully engaged in anticompetitive conduct,” the court said. Texas AG Ken Paxton (R) said his office looks forward to a “jury hearing how this Big Tech giant abused its monopoly power by harming consumers to reap billions in monopoly profits.” His office noted the court allowed the states to proceed on all counts related to Sherman Act Section 2. The decision shows the states’ case is “deeply flawed,” Google said in a statement, noting the court dismissed allegations regarding Google’s open bidding agreement with Meta, the “centerpiece” of the case. “Advertising technology is a fiercely competitive industry -- and our products increase choice for publishers, advertisers and consumers while enabling small businesses to affordably find new customers,” the company said.