• by Ray Schultz , Columnist, April 3, 2024

The creeping pace of the Gannett-Google federal lawsuit has been accelerated – slightly. Google, noting that it is “required to answer the federal law allegations that have survived a motion to dismiss,” filed a lengthy answer last week. 

In general, Google denies the claims asserted in Gannett’s June 2023 anti-trust complaint, arguing that “Ad tech (the technology that powers digital advertising on publishers’ sites) is an important part of a healthy web.”

The answer drills down to state that Google’s actions constitute “bona fide competitive activity,” that Gannett fails to allege harm to competition or consumers. 

Google adds that the “relief sought by Gannett would be contrary to the public interest, harm consumers and businesses, and is otherwise inequitable, impracticable and unworkable.”

Gannett's 2023 suit charges that Google maintains a digital advertising monopoly.

Google’s arguments – and the March 1 order by U.S. District Judge P. Kevin Castel – address the federal lawsuit, not actions in state courts. 

Castel wrote, “The motion to dismiss…is GRANTED as to Gannett’s claims premised on exchange bidding, the encryption of user IDs and line-item capping,” Castel wrote. “It is also GRANTED as to the leveraging claim directed to AMP. The motion is otherwise DENIED.”

Google is seeking attorney’s fees. 

The case is on file with the U.S. District Court for the Southern District of New York.