Landmark Federal Decisions Finding Google Violated Antitrust Law
Two independent federal proceedings determined that Google unlawfully controlled the digital ad ecosystem, creating the legal groundwork for businesses to seek restitution.
United States v. Google LLC: Search Advertising Monopoly
Judge Amit Mehta delivered a landmark decision in the Department of Justice's antitrust case against Google. The court concluded that Google had deliberately maintained monopoly power in search and search advertising through unlawful conduct.
Key Findings
Billions spent on contracts with device makers to guarantee Google as the default search engine everywhere.
Rival search engines were effectively shut out, preventing meaningful competition from emerging.
Monopoly power directly inflated advertising prices for businesses purchasing Google Search Ads.
Google sustained dominance through practices antitrust law is specifically designed to prevent.
“Google is a monopolist, and it has acted as one to maintain its monopoly.”
Judge Amit Mehta, U.S. District Court for the District of Columbia
Businesses that purchased Google Search Ads paid more than they would have in a competitive marketplace. This is the core harm that antitrust law is designed to prevent.
United States v. Google LLC: Ad Technology Monopoly
Judge Leonie Brinkema decided the DOJ's second major antitrust case against Google, focused on the digital advertising technology infrastructure. The court found that Google illegally monopolized the publisher ad server market and the ad exchange market.
Key Findings
Publishers using Google's ad server were forced to adopt its exchange, eliminating their ability to choose competitors.
Google manipulated auction processes to advantage its own tools over outside competitors.
Exclusionary practices blocked rival ad tech companies from gaining meaningful market share.
Lower publisher earnings and inflated costs for advertisers purchasing the same ad inventory.
“This exclusionary conduct substantially harmed Google's publisher customers, the competitive process, and, ultimately, consumers of information on the open web.”
Judge Leonie Brinkema, U.S. District Court for the Eastern District of Virginia
Google's monopolistic grip over the entire digital advertising supply chain was confirmed, further solidifying the legal basis for advertiser recovery claims.
How This Affects Your Business
Together, these two rulings reveal a comprehensive picture of Google's illegal control over digital advertising. For businesses that purchased Google Ads, the consequences are significant:
Estimated Overcharge
Estimated 5 to 10% markup on ad costs due to suppressed competition.
Treble Damages*
Up to three times actual damages under the Clayton Act.
Federal Cases
Two courts found Google guilty of antitrust violations.
*Treble damages are provided for under federal antitrust law but are not automatic. Each claim is resolved through individual arbitration, and any award is at the discretion of the arbitrator.
Understanding Treble Damages Under Federal Law
Federal antitrust law provides powerful remedies for businesses harmed by monopolistic conduct. Under Section 4 of the Clayton Act (15 U.S.C. § 15), any business injured by an antitrust violation may recover three times their actual damages.
This provision fully compensates victims for the true extent of their losses, and it deters future anticompetitive behavior by making violations extremely costly for monopolists.
Plus attorneys' fees and costs. Applies to the entire overcharge period from August 2016 through the present.
Treble damages are provided for under federal antitrust law but are not guaranteed. Each claim is resolved through individual arbitration, and any award, including the treble multiplier, is at the discretion of the arbitrator based on the facts of the case.
Ready to Get Started?
Two federal courts have confirmed that Google violated the law. If your business advertised on Google, you may be entitled to significant compensation.
See What You May Be OwedCoverage period: August 2016 to present. Claims are currently being evaluated.