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Google:
Finally, while Plaintiffs continue to advance essentially the same divestiture remedies they noticed in their complaint filed in January 2023, the world has continued to turn. Plaintiffs put forth remedies as if trial, the Court’s liability decision, and remedies discovery never happened—and also as if the incredibly dynamic ad tech ecosystem had stood still while these judicial proceedings continued.
But the changes have been many: AI is reshaping ad tech at every level; non-open web display ad formats like Connected TV and retail media are exploding in popularity; and Google’s competitors are directing their investments to these new growth areas. The fact is that today, the open web is already in rapid decline and Plaintiffs’ divestiture proposal would only accelerate that decline, harming publishers who currently rely on open-web display advertising revenue. As the law makes clear, the last thing a court should do is intervene to reshape an industry that is already in the midst of being reshaped by market forces.
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