The Competition and Markets Authority (CMA) in the UK has provisionally concluded that Google’s dominance in the ad tech sector is harmful to its competitors, potentially leading to a fine of up to 10% of the company’s global annual revenue.
Since at least 2015, Google has reportedly managed its ad space buying and selling tools, including Google Ads, in a way that shields its auction platform, AdX, from competitive threats. The CMA has also claimed that Google is obstructing rival ad space listing tools from effectively competing with DoubleClick For Publishers, its own offering.
These anti-competitive behaviors “could be negatively impacting thousands of UK publishers and advertisers.” The CMA estimates that advertisers spend approximately £1.8 billion each year on open-display ads, promoting goods and services through apps and websites aimed at UK consumers.
Juliette Enser, the interim executive director of Enforcement, stated in a press release: “We’ve provisionally found that Google is leveraging its market power to stifle competition in the advertising space that people encounter on websites.” She emphasized that many businesses keep their digital content accessible for free or at lower costs by relying on online advertising for revenue. Those advertisements reach millions of people across the UK, facilitating the trade of goods and services. Enser noted the importance of ensuring that publishers and advertisers, who support free content, can participate in a competitive market and secure fair deals when buying or selling digital ad space.
In response to the allegations, Dan Taylor, Google’s vice president of Global Ads, claimed the CMA’s case was built on “flawed interpretations of the ad tech industry.” He asserted that Google’s advertising technology aids websites and apps in funding their content while allowing businesses of all sizes to connect with new customers.
The CMA has only issued a Statement of Objections and has not definitively determined that Google has violated the Chapter II provision of the Competition Act 1998, which addresses the abuse of a dominant market position affecting trade in the UK. The regulator will review Google’s arguments and recommend actions to mitigate any anti-competitive practices.
The CMA’s investigation overlaps with another inquiry into Google’s alleged misuse of its dominant position in header bidding services, initiated in March 2022. Header bidding allows websites to simultaneously offer their ad space to multiple buyers.
Additionally, Google is appealing a UK court ruling from June that permitted a lawsuit from Ad Tech Collective Action LLP to move forward. This collective, composed of online publishers, claims that Google’s dominance in the digital advertising tech space has resulted in losses totaling £13.6 billion.
Google’s ad tech practices have drawn scrutiny not only in the UK but also in the US. The Department of Justice and state attorneys general launched an antitrust investigation in 2020, accusing Google of using distribution agreements to suppress competition, a probe that remains active. In August, a federal judge found that Google holds a monopoly over general search services and text advertisements, violating antitrust laws.
Furthermore, the European Commission has suggested that a “mandatory divestment” of part of Google’s ad tech operations is the only solution to address its competition concerns, following preliminary findings of E.U. antitrust rule violations. An ongoing investigation is also assessing Google’s compliance with the new Digital Markets Act, with regulators stating that Google is prioritizing its services over competitors in search results, thus acting as a “gatekeeper.” To comply with the new regulations, Google temporarily removed some Search widgets, including Google Flights, to enhance accessibility for individual businesses.
