Google ad tech case: DOJ and Google file rival judgments, split on timing

The US Justice Department and Google filed competing proposed final judgments in the Google ad tech case late on Friday, 2 October. Both sides now accept the main rules Judge Leonie Brinkema set out in September. They still disagree on how fast Google must act and how far the rules reach outside the US.

The filing went to the federal court in Alexandria, Virginia. AdExchanger reported that it runs to about 41 pages, with bracketed text wherever the two sides want different wording. Brinkema will pick between the versions and sign a binding order.

Google and the DOJ agree on Prebid, DFP and AdX

In September Brinkema refused to force a sale of AdX, Google’s ad exchange. She chose behaviour rules and a monitor for six years instead. Both proposals now carry those rules. AdX must connect to Prebid, the open-source header bidding tool used by many publishers, and take bids from ad servers that Google does not own.

Google Ads will no longer bid straight into DFP, Google’s ad server for publishers. Its bids must pass through AdX or Prebid. Google must also sell DFP and AdX under separate contracts and drop pricing rules that set different floors for rival exchanges. Publishers will be able to export their data within three months.

DOJ wants six months, Google asks for twelve

The biggest gap is time. The DOJ wants AdX linked to Prebid and to rival ad servers within six months. Google asks for twelve. The government wants the rules to apply worldwide from the first day. Google wants 24 more months before they apply outside the US.

Data access splits them too. Under the DOJ text, a publisher can pull its DFP history while it is still weighing a move to another ad server. Under Google’s text, the data comes only after the publisher has decided to switch.

The monitor’s powers divide the two sides

Both accept a six-year monitor but not how it is picked. The DOJ wants the government to name candidates and Google to choose. Google wants the reverse. The DOJ text gives the monitor full access to documents, code and staff within 14 days. Google offers “reasonable assistance” and 30 days to raise disputes, against 15 in the DOJ draft. The DOJ also spells out a contempt standard for misconduct. Google’s draft leaves that section out.

The fight matters for anyone who sells or buys open-web display ads. Prebid.org and rival exchanges stand to gain the most from a fast link to AdX. Publishers outside the US could wait two extra years if Google’s timeline wins.

Once Brinkema signs the order, a 60-day clock starts for Google to begin carrying it out. AdExchanger expects Google to appeal. The open question is whether Brinkema sides with the six-month or the twelve-month timeline, and whether European publishers get the rules on day one.