A potential class action being researched by Maurice Blackburn Lawyers is one of two focussed on how Google used its power in the digital ad market
The firm says it is investigating Google’s behaviour in Australia’s display digital advertising market, where it provides AdTech services to both advertisers and publishers of ads, “and has a dominant position at all points of the AdTech supply chain”.
The class action would seek to recover compensation for publishers of digital ad inventory who have received less revenue for the ad space they sell, than they would have otherwise.
The investigation follows proceedings in the US – including a regulatory prosecution by the department of justice that went to trial in September 2024, and litigation by both advertisers and publishers – class actions in the UK and Canada, and regulatory investigations by the Australian, UK, Canadian and French competition authorities.
Law firm Phi Finney McDonald – involved in a federal court action against Google and Apple earlier this year – is also investigating Google’s conduct in the ad tech market.
The actions cover the tech tools used to connect web publishers with potential advertisers, and the series of automated transactions that determine which ad a consumer will see.
In a 2021 inquiry, Australia’s competition watchdog identified “significant competition concerns” and said conflicts of interest had led to poor outcomes for publishers. The ACCC said Google’s vertical integration and strength in ad tech services had led to reduced competition.
The firms say that businesses that displayed digital advertising on their website and/or mobile app, sold programmatically in the past six years, “may have suffered financial loss… and, if the action proceeds, be eligible for compensation”.