Google antitrust: Bipartisan Congress bill just latest in tech firm legal troubles over advertising practices
Sen. Mike Lee leads the effort to push through a new bill that would effectively bust-up Google
Miami Mayor Francis Suarez pitches his city as tech companies’ new headquarters, claiming the city is ‘fundamentally American and free market.’
Congress will launch a bipartisan effort to break up Google’s advertising hegemony in another pitched battle between lawmakers and big tech.
The Competition and Transparency in Digital Advertising Act would prohibit companies that exceed $20 billion in digital ad transactions from participating in more than one part of the digital advertising process.
The bill is co-sponsored by Sens. Ted Cruz (R., Texas), Amy Klobuchar (D., Minn.) and Richard Blumenthal (D., Conn.), according to the Wall Street Journal.
The Google headquarters is seen in Mountain View, California, in October.
U.S. Sen. Mike Lee (R-UT) listens during Supreme Court Justice nominee Judge Amy Coney Barrett's Senate Judiciary Committee confirmation hearing for Supreme Court Justice in the Hart Senate Office Building on October 12, 2020 in Washington, DC. With less than a month until the presidential election, President Donald Trump tapped Amy Coney Barrett to be his third Supreme Court nominee in just four years. If confirmed, Barrett would replace the late Associate Justice Ruth Bader Ginsburg. (Erin Schaff-Pool/Getty Images)
WASHINGTON, DC - APRIL 27: U.S. Sen. Amy Klobuchar (D-MN) asks questions during a hearing of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, at the U.S. Capitol on April 27, 2021 in Washington, DC. The committee will hear testimony about social media platforms' use of algorithms and amplification.
WASHINGTON, DC - FEBRUARY 01: U.S. Sen. Richard Blumenthal (R) (D-CT) speaks alongside Sen. Marsha Blackburn (R-TN) during a Senate Commerce, Science, and Transportation subcommittee on Consumer Protection, Product Safety, and Data Security hearing to examine COVID-19 fraud and price gouging, in the Russell Senate Office Building on February 01, 2022 in Washington, DC. The subcommittee held the hearing to discuss fraud and price gauging related to the Covid-19 pandemic and how consumer groups and the Federal Trade Commission can combat it. (Photo by Anna Moneymaker/Getty Images)
Google would suffer significantly from this bill due to parent company Alphabet’s earnings in excess of $54 billion from digital advertising in the first quarter alone. The bill would essentially need to split up in some form in order to comply with the new federal requirements.
The company’s legal troubles started in 2020 with a Department of Justice antitrust lawsuit, which alleged that Google used exclusive deals with wireless carriers and phone makers to control competition. Then-Attorney General William Burr said that Google maintained a "grip over the internet for millions […] beholden to an unlawful monopolist."
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Biden’s Justice Department started new investigations into Google’s alleged antitrust practices regarding digital advertising, but no lawsuit has yet been filed regarding the issue.
But Texas did file a lawsuit, which has grown into a multi-state effort, over its advertising practice, in January this year. Google Director of Economic Policy Adam Cohen wrote of the lawsuit that the company saw it as "more heat than light" that did not "meet the legal standard to send the case to trial."
| Ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| GOOGL | ALPHABET INC. | 335.97 | +4.11 | +1.24% |
| AMZN | AMAZON.COM INC. | 242.60 | -3.87 | -1.57% |
| TWTR | NO DATA AVAILABLE | - | - | - |
| ZM | ZOOM COMMUNICATIONS INC. | 83.19 | -3.56 | -4.10% |
"The complaint misrepresents our business, products and motives, and we are moving to dismiss it based on its failure to offer plausible antitrust claims," Cphen wrote in a blog post.
Google maintains a role in multiple steps of its digital advertising practice — a practice that Sen. Mike Lee, R-UT, lambasted as wearing multiple hats simultaneously.
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"When a company can wear all these hats simultaneously, it can engage in conduct that harms everyone," Lee told the Journal this week.
A Google spokesperson said of the new law that "braking those tools would hurt publishers and advertisers, lower ad quality and create new privacy risks."
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"The real issue is low-quality data brokers who threaten Americans’ privacy and flood them with spammy ads," the spokesperson argued.
Companies would have one year to comply with the new requirements should the law go into effect.
FOX Business' Hillary Vaughn contributed to this report.