Google chief executive Sundar Pichai and Facebook parent company Meta chief executive Mark Zuckerberg personally approved a secret advertising deal in 2018 that reportedly gave Facebook unlawful privileges on Google’s advertising platform, court documents filed on Friday showed.
An alliance of 17 state attorneys general, led by Texas Attorney General Ken Paxton, said “Google is a monopolist and engages in a wide variety of conduct that only a monopolist can accomplish” in a revised antitrust complaint filed against Google in the southern district court of New York.
The original complaint against Google was filed by the states in December 2020 and was revised in November.
Meta, earlier known as Facebook, is not named in the lawsuit.
Before the signing of the questionable agreement in September 2018, Google’s market dominance appeared to be threatened by Facebook as it was supporting an ad-buying technique called “header bidding”.
Header bidding is a programmatic advertising technique in which publishers bid on multiple advertising exchanges in real time.
“In March 2017, Facebook announced that it would throw its weight behind header bidding. Like Google, Facebook brought millions of advertisers on board to reach the users on its social network,” the complaint said.
“In light of Facebook’s deep knowledge of its users, Facebook could use header bidding to disintermediate Google’s ad server.
“Google understood the severity of the threat to its position if Facebook were to enter the market and support header bidding.”
To diffuse the threat, Google made overtures to Facebook to abandon its header bidding. Internal Facebook communications revealed that Facebook executives fully understood why Google wanted to cut a deal with them.
Ultimately, the US technology companies struck a deal in September 2018 at the highest levels. Google code-named the deal “Jedi Blue” that is a combination of a Star Wars reference and the colour of Facebook’s logo.
“Following the agreement, Facebook curtailed its involvement with [the] header bidding in return for Google giving Facebook information, speed and other advantages.” the complaint alleged.
“The parties also agreed up front on quotas for how often Facebook would win publishers’ auctions — literally manipulating the auction with minimum spends and quotas for how often Facebook would bid and win.”
The new filing claims Facebook’s chief operating officer, Sheryl Sandberg, played a key role in the negotiation and insisted on Mr Zuckerberg’s consent, calling it “a big deal strategically”.
“Facebook’s chief operating officer was explicit that this is a big deal strategically in an email thread that included Facebook CEO.”
The complaint referred to Mr Zuckerberg and Ms Sandberg by their job titles but redacted their names.
Under the Jedi Blue agreement, Google ensured that Facebook would not return to support header bidding by imposing significant minimum spending requirements running up to hundreds of millions of dollars a year.
As a result of the agreement, Facebook “curtailed its header bidding initiatives and instead bid through Google’s tools”.
“In return, Google agreed to give Facebook a leg up in the web and in-app auctions it conducted on behalf of publishers and developers,” the complaint said.
“Google promised Facebook a number of special advantages in publishers’ and developers’ auctions to induce Facebook to shift from routing bids through header bidding to routing bids through Google’s web ad server and in-app mediation tools.”
The search engine company said the complaint is “full of inaccuracies and lacks legal merit” in a statement provided to Politico. It also denied that Mr Pichai was involved in the signing of the deal.
“Our advertising technologies help websites and apps fund their content and enable small businesses to reach customers around the world,” Google representative Peter Schottenfels said in a statement to the Arlington-based news website.
“We sign hundreds of agreements every year that don't require CEO approval, and this was no different,” Mr Schottenfels said.
The company said it will be asking the judge to dismiss the case.
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- 5 wins in 22 months as pro
- Three wins in past 10 starts
- 45 pro starts worldwide: 5 wins, 17 top 5s
- Ranked 551th in world on debut, now No 4 (was No 2 earlier this year)
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Teams
Punjabi Legends Owners: Inzamam-ul-Haq and Intizar-ul-Haq; Key player: Misbah-ul-Haq
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Maratha Arabians Owners: Sohail Khan, Ali Tumbi, Parvez Khan; Key player: Virender Sehwag
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Colombo Lions Owners: Sri Lanka Cricket; Key player: TBC
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Venue Sharjah Cricket Stadium
Format 10 overs per side, matches last for 90 minutes
Timeline October 25: Around 120 players to be entered into a draft, to be held in Dubai; December 21: Matches start; December 24: Finals
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Sri Lanka-India Test series schedule
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- 2nd Test India won by innings and 53 runs at Colombo
- 3rd Test August 12-16 at Pallekele
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BIGGEST CYBER SECURITY INCIDENTS IN RECENT TIMES
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How to watch Ireland v Pakistan in UAE
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England 353 and 313-8 dec
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South Africa 175 and 252
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Result: England won by 239 runs
England lead four-match series 2-1
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Mohammed bin Zayed Majlis
Directed by Sam Mendes
Starring Dean-Charles Chapman, George MacKay, Daniel Mays
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Pharaoh's curse
British aristocrat Lord Carnarvon, who funded the expedition to find the Tutankhamun tomb, died in a Cairo hotel four months after the crypt was opened.
He had been in poor health for many years after a car crash, and a mosquito bite made worse by a shaving cut led to blood poisoning and pneumonia.
Reports at the time said Lord Carnarvon suffered from “pain as the inflammation affected the nasal passages and eyes”.
Decades later, scientists contended he had died of aspergillosis after inhaling spores of the fungus aspergillus in the tomb, which can lie dormant for months. The fact several others who entered were also found dead withiin a short time led to the myth of the curse.
THE BIO: Martin Van Almsick
Hometown: Cologne, Germany
Family: Wife Hanan Ahmed and their three children, Marrah (23), Tibijan (19), Amon (13)
Favourite dessert: Umm Ali with dark camel milk chocolate flakes
Favourite hobby: Football
Breakfast routine: a tall glass of camel milk
The team
Photographer: Mateusz Stefanowski at Art Factory
Videographer: Jear Valasquez
Fashion director: Sarah Maisey
Make-up: Gulum Erzincan at Art Factory
Model: Randa at Art Factory Videographer’s assistant: Zanong Magat
Photographer’s assistant: Sophia Shlykova
With thanks to Jubail Mangrove Park, Jubail Island, Abu Dhabi
