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Publishers’ case against Google to go to trial

A legal claim by British news publishers against Google for allegedly rigging the online advertising market has taken a significant step forward.

A total of £13.6 billion in damages is being sought under the claim, which is now being allowed by the Competition Appeal Tribunal to proceed as a collective action.

The claim is being funded by Fortress Legal Investment on behalf of three representative claimants: tech journalist Charles Arthur, consumer-rights lawyer Kate Wellington, and former Ofcom director Claudio Pollock, the Press Gazette reports.

The three claimants have formed a Limited Liability Partnership called Adtech Collective Action.

Bigger publishers could receive windfalls worth hundreds of millions if the claimants successfully argue that Google exploited its monopoly position controlling the technology that underpins online advertising.

If the case succeeds, the claimants will get a consultancy fee and the damages will be shared among all the British publishers that have used Google’s advertising technology.

Wellington said: “With the collective action now advancing, Google can be held accountable for its actions. We are committed to ensuring that affected publishers and publisher partners have the opportunity to receive fair compensation for the harm we allege they have suffered.”

Ad revenue

British publishers who received ad revenue from online display ads (ads displayed on a website or mobile app alongside content) between 1 January 2014 and 30 November 2022 are automatically included in the claim.

Lawyers Geradin Partners, Hausfield and Co, and Humphries Kerstetter are arguing the claim with five barristers instructed between them.

If Google does not settle, the case is expected to go to trial next year.

The £13.6 billion sought in damages total is more than seven times the total value of all British advertising on national and regional newsbrands and magazines.