This week, Brendan Benedict joins Alan Chapell to talk about some of the recent civil antitrust complaints filed against Google by publishers including Penske, The Atlantic, McClatchy, Conde Nast, and Vox Media. With Judge Brinkema's remedies decision pending and a slew of other jurisdictions (e.g., EU, Canada) attempting to remedy Google's adtech practices, why are so many publishers and adtech companies jumping into the pool?
Brendan Benedict may be found at: https://www.benedictlawgroup.com/brendan-benedict
The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/
Takeaways
• The DOJ ruling gives private plaintiffs a head start on liability.
• These cases will mostly come down to damages calculations.
• Google avoided a jury, but the detailed opinion may make appeals harder.
• Remedies are likely behavioral, not divestiture.
• Statute of limitations could decide how far back damages go.
Chapters
00:00 Introduction and why private lawsuits are accelerating after the DOJ ruling
05:10 Why courts tend to favor behavioral remedies over forced divestiture
12:40 What publishers are alleging and how lost profits are calculated
20:30 How much of the heavy lifting the DOJ already did for private plaintiffs
28:15 Why appeals, Europe, and state AG cases still matter
36:45 How damages experts could push these cases toward settlement
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