Platforms and Big Tech Tracker
Antitrust Investigations benchmark recently updated to reflect the Competition Bureau Canada’s lawsuit against Google for abusing its dominance in online advertising
We recently updated the Antitrust Investigations benchmark within our Platforms and Big Tech Tracker to reflect the lawsuit filed by the Competition Bureau Canada against Google for abuse of dominance in the online advertising market. The regulator first opened an investigation into the firm’s ad tech holdings and conduct in October 2021 and has now referred the case to the Competition Tribunal which will make a final decision.
According to our benchmark, seven other jurisdictions (Australia, EU, France, Germany, Italy, UK and US) have all opened studies of or investigations into Google’s dominance in online display advertising. Of the cases that have resulted in a provisional or final finding so far, two (the Competition Bureau Canada and the EC) have specifically recommended structural remedies as the only way to remedy Google’s conduct given its dominance in services related to ad publishing, ad selling and ad exchanges. Other than Google, Meta is the only other big tech firm to face investigations into its dominance in ad tech markets. Regulators in the EU, France, Turkey and the UK have each investigated Meta for concerns related to its conduct in the online classified ads market and in particular its use of non-public data from advertisers using its services to advantage its own listings.
To date, we have tracked more than £1bn in fines issued by competition authorities for anti-competitive conduct related to online advertising. The total fines issued in relation to ads markets could double if the EC is able to successfully appeal a decision of the General Court of the EU that annulled a fine it had previously issued to Google. If successful, that would reinstate a fine of €1.49bn (£1.27bn) issued to the platform for abuse of dominance, which would become the largest fine ever given for anti-competitive conduct in ads markets.
