They Are Pounding the Table

Does this show to you that it is easy not to use Google when buying or selling ads?There is an old saying in the law, "If you have the facts on your side, pound the facts; if you have the law on your side, pound the law; if you have neither the facts nor the law, pound the table."

It appears that the lawyers representing Google in its monopoly trial over its advertising business realize that they have nothing.

Google wound down its defense in the US Department of Justice's ad tech monopoly trial this week, following a week of testimony from witnesses that experts said seemed to lack credibility.

The tech giant started its defense by showing a widely mocked chart that Google executive Scott Sheffer called a "spaghetti football," supposedly showing a fluid industry thriving thanks to Google's ad tech platform but mostly just "confusing" everyone and possibly even helping to debunk its case, Open Markets Institute policy analyst Karina Montoya reported.

"The effect of this image might have backfired as it also made it evident that Google is ubiquitous in digital advertising," Montoya reported. "During DOJ’s cross-examination, the spaghetti football was untangled to show only the ad tech products used specifically by publishers and advertisers on the open web."

One witness, Marco Hardie, Google's current head of industry, was even removed from the stand, his testimony deemed irrelevant by US District Judge Leonie Brinkema, Big Tech On Trial reported. Another, Google executive Scott Sheffer, gave testimony Brinkema considered “tainted,” Montoya reported. But perhaps the most heated exchange about a witness' credibility came during the DOJ's cross-examination of Mark Israel, the key expert that Google is relying on to challenge the DOJ's market definition.

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On cross-examination, [DoJ attorney Aaron] Teitelbaum called Israel out as a "serial 'expert' for companies facing antitrust challenges" who "always finds that the companies 'explained away' market definition," Big Tech on Trial posted on X. Teitelbaum even read out quotes from past cases "in which judges described" Israel's "expert testimony as 'not credible' and having 'misunderstood antitrust law.'"

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Perhaps most damaging, Teitelbaum asked Israel to confirm that "80 percent of his income comes from doing this sort of expert testimony," suggesting that Israel seemingly depended on being paid by companies like Jet Blue and Kroger-Albertsons—and even previously by Google during the search monopoly trial—to muddy the waters on market definition. Lee Hepner, an antitrust lawyer with the American Economic Liberties Project, posted on X that the DOJ's antitrust chief, Jonathan Kanter, has grown wary of serial experts supposedly sowing distrust in the court system. 

I think that I need to be clear that I am not a disinterested observer.

I want Google to get taken down, not just broken up, but I want Google executives to be charged criminally for conspiracy.

I want to see Google crushed and driven before the DoJ and hear the lamentations of their women.