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FX.co ★ Canada Sues Google For Anti-competitive Conduct In Online Advertising

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typeContent_19130:::2024-11-29T12:35:00

Canada Sues Google For Anti-competitive Conduct In Online Advertising

The Competition Bureau of Canada has initiated legal proceedings against Alphabet Inc.'s Google, filing a complaint with the Competition Tribunal over alleged anti-competitive practices in the realm of online advertising technology services within the country. Following an extensive inquiry, the Bureau determined that Google leveraged its dominant market position to reinforce and preserve its market power.

According to the Bureau, Google's practices have effectively stifled fair competition by blocking rivals from competing based on the quality of their offerings. This has hindered innovation, increased advertising costs, and reduced revenue streams for publishers. These actions have severely impacted Canadian publishers, advertisers, competitors, and consumers, ultimately leading to a notable decline in competition.

Digital ad revenue is crucial for publishers to sustain operations and expand their reach, with online advertisements targeted at users as they browse websites. Such digital ad inventory is frequently traded via automated auctions facilitated by advanced platforms, known as ad tech tools.

Google holds ownership of four major online advertising technology services prevalent in Canada—DoubleClick for Publishers (DFP), AdX, Display & Video 360, and Google Ads, collectively referred to as the ad tech stack. This entire stack is utilized by Google in the buying and selling processes during auctions. Google's market shares are estimated at 90% in publisher ad servers, 70% in advertiser networks, 60% in demand-side platforms, and 50% in ad exchanges.

Investigations revealed that as the leading provider in the ad tech stack domain for web advertising, Google exploited its dominant position, compelling market participants to use its own ad tech tools, thereby marginalizing competitors. This strategy prevented competitors from competing on the innate strengths of their offerings and disrupted the natural competitive landscape. In 2022 alone, more than 200 billion Canadian web ad transactions utilized Google's ad tech tools.

The Bureau discovered that Google unlawfully linked its various ad tech tools to maintain its market dominance. Moreover, Google manipulated auction processes by granting preferential access to its tools and dictating the terms of transactions between its publisher clients and competing ad tech tools.

The Bureau is petitioning the Tribunal to mandate Google to divest two of its ad tech tools, specifically its publisher ad server DFP and its ad exchange AdX. Additionally, they are seeking an administrative monetary penalty from Google, equivalent to triple the value of the benefits accrued from these practices or 3 percent of its global revenue. The Bureau also aims to enforce a prohibition preventing Google from engaging in further anti-competitive activities.

In March of this year, the Federal Court of Canada granted the Competition Bureau the authority to expand its ongoing investigation into Google's online advertising practices within Canada. The Bureau's scrutiny of Google has been ongoing since October 2021 and previously, in 2016, the Bureau also examined Google's conduct concerning online search and advertising.

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