Commentary

Legal Rulings On Big Tech Are Good For Advertisers

The daily general and economic news provides more than a day’s worth of implications to keep us all busy and on a razor’s edge. So I don’t blame you if you have missed the significant implications of the most recent legal wranglings in U.S. and EU courts with the tech giants Alphabet/Google, Meta and Apple.

Over the last two weeks, we have seen a U.S. ruling on Alphabet’s alleged Google monopoly, and the EU ruling against Meta and Apple on the EU’s Digital Markets Act (DMA). The U.S. ruling might lead to breaking up some parts of Alphabet’s highly integrated and highly profitable ad data and advertising machine, while the EU ruling shows that the EU’s DMA isn't just theoretical; regulators are actively enforcing it with significant financial penalties (€700 million combined in this ruling).

This sets a strong precedent. Platforms designated as "gatekeepers" under the DMA face substantial financial and operational risks if they don't comply. And €700 million as a fine might be “doable” for the platforms, as Meta reported ad income in 2024 of $160 billion, and Apple has an estimated $90 billion plus (Apple does not report ad income separately). But if the platforms do not comply, the fines will keep on coming  -- and I think shareholders will not be happy to see potential profit sapping away into the coffers of the EU.

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All this is good for advertisers. A digital media marketplace made up of more competitors will be positive for advertising cost (competition typically drives prices down), and, potentially, also positive for measurability. With more competitors and offerings competing for ad dollars, each platform will have to do a better job at defending its share of budgets, or the reasons for claiming a larger share.

I would encourage advertisers to diversify their budgets with as many partners as makes sense. It’s probably wise to reduce any overreliance on Google and Meta -- and now is the time to explore and pilot other platforms, ad-tech partners (independent SSPs/DSPs), retail media networks, CTV advertising, and direct publisher relationships.

For those advertisers that have it, I would also prioritize first-party data. Build and leverage your own customer data for targeting, personalization, and measurement. This becomes increasingly crucial as platform data access becomes more restricted (per the EU ruling, as well as for certain states here in the U.S.).

The other key implication for advertisers is to ensure that your data handling and advertising practices comply with evolving regulations, particularly GDPR in the EU and emerging U.S. state laws. Advertisers that do not comply could face fines just as the tech giants do now.

The regulatory landscape is highly dynamic, so your strategies need to be flexible as rulings and changes come to us almost every week.

The era of unchecked dominance by a few digital giants is beginning to change. While the ultimate outcomes are uncertain and will take time to unfold, the direction is toward increased oversight, greater focus on user privacy/consent, and potentially a more competitive, albeit fragmented, digital advertising marketplace. Proactive adaptation is key.

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