A federal court in New York has ruled that Google is legally liable for monopolizing the ad server and ad exchange markets. While we’re not legal experts, we read some posts on X (!) and used AI (!!) to help us figure out what’s going on. Here’s the gist: the court granted summary judgment in favor of private companies suing Google, relying on findings from the DOJ’s adtech antitrust win earlier this year. The judge says those findings — specifically, that Google engaged in unlawful, anticompetitive practices — are now binding facts.
So, Google’s conduct is now legally established in private suits, not just government-led cases. The company can’t dispute these findings again, either. Courts will use Judge Brinkema’s ruling as fact. The legal focus now shifts to damages — namely, what Google may owe publishers and other affected parties.
Why This Matters:
This ruling shifts the focus from if Google violated antitrust law to how much it may owe. Liability is settled — Google can’t relitigate it — so the next phase centers on damages and remedies, including how publishers and adtech companies might recover lost revenue.
Major publishers like Gannett and People are seeking damages. Independent adtech vendors such as PubMatic and OpenX have also filed follow-on suits, arguing Google’s dominance limited fair access to the ad exchange and ad server markets. They now benefit from the same ruling, as the question of liability is off the table.
The judge’s decision could also influence other domestic and international cases, as courts and regulators abroad may reference what has been ruled on here.
Experts React:
Jason Kint, CEO of publisher trade group, Digital Context Next, called the ruling “massive” and “settled law.” See his take on X here:
Meanwhile, Ari Paparo said that this allows for a “fast track for civil damages for large publishers.”
Our Take:
Whether you’re People or PubMatic, this decision could turn the DOJ’s earlier win into a force multiplier for dozens of related cases. If you’ve filed a lawsuit against Google, this seems like a win — and it’s likely to inspire more lawsuits.
