Google faces over $3.2 billion in advertising technology monopoly claims; publishers granted permission to proceed with jury trial.

Google faces significant new legal pressure in an ad tech antitrust lawsuit. A New York federal court has ruled that several major publishers can seek over $3.2 billion in damages for alleged harm caused by Google's monopolistic practices in the ad tech market.

According to Bloomberg, Manhattan Federal District Judge P. Kevin Castel issued an opinion Wednesday evening allowing the jury trial proceedings against Google's AdX advertising exchange to proceed.

The class-action lawsuit, filed by approximately 5,000 publishers, could seek about $1.7 billion in damages; USA Today Co., the parent company of USA Today, and Daily Mail General and Trust Plc of the United Kingdom were granted permission to independently pursue approximately $900 million and $600 million, respectively.

This case is highly related to the ad technology antitrust lawsuit previously filed by the U.S. Department of Justice against Google in Virginia. Last month, a federal court in Virginia ruled that Google illegally monopolized two ad technology markets and ordered it to open up its tools to interoperability with competitors, but did not order the breakup of the businesses.

Once the jury trial in the New York case begins, it will directly determine the actual amount of damages Google will have to pay.

Google shares fell 1.7% on Thursday.

Key points of the court ruling: The three-party claims were approved, while some of Google's claims were rejected.

Judge Castel rejected Google's objection to the calculation of the damages, allowing the three plaintiffs to proceed with their respective claims for damages.

In a statement, Google said the court ruling also rejected some publishers' claims against another ad-buying tool, and that the company will "defend the remaining claims in court."

Polly Grunfeld Sack, chief legal counsel for USA Today Co., called the ruling a "major victory" as it allows the company to pursue $1 billion in global damages (before calculating under the antitrust triple damages rule), and expressed his anticipation of proving those claims in the trial.

Philip Korologos, a partner at Boies Schiller Flexner LLP, the publisher's agent, also said he expects to file a claim during the trial.

Background: The Department of Justice lawsuit laid the groundwork for pursuing economic compensation in the New York case.

In 2023, the U.S. Department of Justice and several states filed a lawsuit against Google, accusing it of illegally monopolizing several advertising technology areas used to buy, sell, and place online display ads.

The ruling by the federal court in Virginia has established Google's monopolistic practices at the factual level, and the parallel lawsuit in New York is building on that to pursue further economic damages.

Judge Castel has not yet set a trial date. The case, case number In re: Google Digital Advertising Antitrust Litigation, 21-md-3010, is under the jurisdiction of the U.S. District Court for the Southern District of New York.

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