Googleplex, the company's main campus in Silicon Valley, Mountain View, CA. | Credit Sundry Photography | August 19, 2018

Texas Hires Attorney Ken Starr And Two High Profile Law Firms To Aid In Lawsuit Against Google

December 17, 2020

0 2 minutes read

AUSTIN – The Office of the Texas Attorney General announced yesterday they hired the law firms of Keller Lenkner and Lanier Law, both are high profile and well known complex litigators. Lanier Law will bring with them Ken Starr to aid the State of Texas in its claims against Google, a subsidiary of Alphabet Inc.

OAG’s contracts with these law firms comply with Chapter 2254 of the Texas Government Code, which requires that outside counsel in cases like this be compensated by a “lodestar” method derived from their hourly billing rates.

According to the AG’s office, the multistate coalition lawsuit against Google is for multiple violations of federal and state antitrust and consumer protection laws, including anticompetitive conduct, exclusionary practices, and deceptive misrepresentations in connection with its role in the multi-trillion-dollar online display advertising industry.

**Judge Ken Starr** has argued 36 cases before the U.S. Supreme Court, including his service as U.S. Solicitor General. He served as United States Circuit Judge for the District of Columbia Circuit, as Counselor and Chief of Staff to U.S. Attorney General William French Smith, and law clerk to both Chief Justice Warren E. Burger and Fifth Circuit Judge David W. Dyer. He was appointed to serve as Independent Counsel for five investigations, including the Clinton’s Whitewater, from 1994 to 1999. Additionally, in 2020, he was one of President Trump’s impeachment attorneys.

Google’s monopolization of online-display advertising includes an anticompetitive agreement with Facebook, making misrepresentations to users and customers, and suppressing competition.

The internet revolutionized the way people consume content and the type of ads that companies can purchase to reach consumers, including online-display ads.

In addition to representing both the buyers and the sellers of online display advertising, Google competes directly against the buyers and sellers they separately represent—all while operating the most extensive and largest exchange on which these ad products are bought and sold. Google’s exchange trades in billions of ad impressions a day.

“Google is a trillion-dollar monopoly brazenly abusing its monopolistic power, going so far as to induce senior Facebook executives to agree to a contractual scheme that undermines the heart of the competitive process. In this advertising monopoly on an electronically traded market, Google is essentially trading on ‘insider information’ by acting as the pitcher, catcher, batter, and umpire, all at the same time. This isn’t the ‘free market’ at work here. This is anti-market and illegal under state and federal law,” said Attorney General Ken Paxton. “Google’s monopolization of the display-advertising industry and its misleading business practices stifle innovation, limit consumer choice, and reduce competition. Texas and its coalition of allied states bring this action to lift the veil on Google’s secret practices and secure relief to prevent it from engaging in future deceptive and misleading practices.”

The lawsuit alleges that Google monopolized or attempted to monopolize products and services used by advertisers and publishers in online-display advertising.

The complaint also alleges that Google engaged in false, misleading, and deceptive acts while selling, buying, and auctioning online-display ads.

Additionally, the AG’s office said that Google’s anticompetitive and deceptive practices demonstrably diminished publishers’ ability to monetize content, increased advertisers’ costs to advertise, and directly harmed consumers.

Read a copy of the lawsuit here.

December 17, 2020

0 2 minutes read