Following a recent court ruling in the Eastern District of Virginia against Google, the Information Technology and Innovation Foundation (ITIF) has expressed disagreement with the findings. District Judge Leonie Brinkema determined that Google unlawfully monopolized portions of the advertising market. Joseph V. Coniglio, ITIF's director of antitrust and innovation, issued a statement critiquing the decision.
Coniglio argues that "the decision to endorse the DOJ’s contrived 'open web display' market definition criterion inexplicably dismisses out of hand the massive digital advertising that occurs through closed platforms, mobile apps, and non-display ads. It is an extremely narrow view of the market." He also notes that "Judge Brinkema failed to appreciate both the platform dynamics that define the ad tech space and the many alternative ways for advertisers and publishers to transact without Google."
The ITIF statement highlights concerns about the court's interpretation of Google's business practices. They believe the court "misconstrued Google’s restriction of real-time AdX access to use of DFP as a tying claim" and disregarded Google's "procompetitive justifications" for its practices, which ITIF claims benefit both publishers and advertisers.
The statement predicts that "Google will almost certainly appeal today’s decision to the D.C. Circuit and continue to vigorously defend its business from the DOJ’s ongoing crusade to effectively ruin one of America’s greatest and most innovative companies."
The ITIF remains critical of the Justice Department's approach and suggests Google will contest the ruling.