Business Regulation & Regulated Industries

Editors (11)

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McGlinchey Stafford, PLLC

Lynette Hotchkiss

Executive Editor, Business Regulation & Regulated Industries
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The Arefin Law Office

D. Sharmin Arefin

Contributing Editor, Business Regulation & Regulated Industries
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Villanova University Charles Widger School of Law

Lev E. Breydo

Contributing Editor, Business Regulation & Regulated Industries
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Carlton Fields

Thomas F. Morante

Contributing Editor, Business Regulation & Regulated Industries
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Core States Group

Dredeir Roberts

Contributing Editor, Business Regulation & Regulated Industries
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Davis Polk

Andrew B. Samuel

Contributing Editor, Business Regulation & Regulated Industries
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Troutman Pepper Hamilton Sanders LLP

Barbara T. Sicalides

Contributing Editor, Business Regulation & Regulated Industries
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Liberty University School of Law

Timothy M. Todd

Contributing Editor, Business Regulation & Regulated Industries
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Haynes and Boone, LLP

Susan A. Wetzel

Contributing Editor, Business Regulation & Regulated Industries
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Hudson Cook LLP

Latif Zaman

Contributing Editor, Business Regulation & Regulated Industries
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MONTH-IN-BRIEF (Jan 2023)

Antitrust

Justice Department Sues Google for Monopolizing Digital Advertising Technologies

By Jane Michetti, JD Candidate 2023, Widener Commonwealth Law School

On January 24, 2023, the U.S. Justice Department, joined by the Attorney Generals of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia, filed a civil antitrust suit against Google alleging violation of Section 1 and 2 of the Sherman Act. This is the second such lawsuit filed against Google in two years. The earlier suit was filed under the Trump administration in October 2020 alleging Google was cutting off competition for internet search through exclusionary agreements. That lawsuit is expected to go to trial in September 2023.

The current complaint filed in the U.S. District Court for the Eastern District of Virginia alleges that Google engages in anticompetitive and exclusionary conduct when it comes to advertising by monopolizing key digital advertising technologies, referred to as the “ad tech stack.” Website publishers rely on ad tech tools to secure revenue that supports maintenance and creation of an open web, which in turn gives public access to various goods, services, unique ideas, and artistic expressions.

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