Is the web thriving or faltering? Google has an unexpected take in a new legal filing. Google is heading back to court soon in hopes of convincing a judge that it should not have to split up its ad business. The company lost its adtech antitrust case earlier this year, and now it's up to the court to decide on remedies for the illegal conduct. In its response to the Department of Justice's requested remedies, Google made a startling claim: "The fact is that today, the open web is already in rapid decline."
Google says that forcing it to divest its AdX marketplace would hasten the demise of wide swaths of the web that are dependent on advertising revenue. This is one of several reasons Google asks the court to deny the government's request. The DOJ also tried to force a divestment of Chrome in the search antitrust trial, but the judge in that case declined to order that in the remedies.
Google's advertising business has turned it into an unrivaled Internet juggernaut. Google increasingly is the Internet—websites have no choice but to adhere to Google's standards for search and ads because there's no substantial competition. The court in this case ruled that in tying its display ad services with the AdX marketplace, Google suppressed the adoption of rival technologies, and this gave it an opportunity to preference its own services in ad auctions.