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This data contractually belongs to the publisher whose website it relates

Presently, DoubleClick is limited in the use particular, it cannot be made available to other used to improve ad targeting for other publishers

it can make publishers or or advertisers.

of this data. advertisers or

to. In be

  • 189.

    For the individual publisher, as far as data generated by DFP and registered on DoubleClick’s servers is concerned, it makes no difference whether other publishers are also using DFP or another tool for their ad serving. Thus, the data stemming from the use of DFP is not instrumental in bringing about any network effect benefiting DoubleClick's ad serving tools. Again, as explained in more detail below (cf. paragraphs et 258 seqq.), the merger is unlikely to change this to any significant extent.

  • 190.

    As is evident from the above descriptions, it also makes no difference to DoubleClick's advertisers or publishers whether the publishers or advertisers they are dealing with use DFP or DFA. While apparently some minor interoperability issues pertaining to the way ad impressions are counted (and billed) exist, they merely pertain to counting conventions and could relatively easily be avoided by publishers and advertisers agreeing on a common definition of exactly when an ad is supposed to be counted for billing purposes.



    • 191.

      DoubleClick is a technology company that so far does not sell ad space. DoubleClick is launching a new ad exchange service named DoubleClick Ad Exchange that will allow advertisers to bid for space on publisher websites. This Ad Exchange commenced beta testing in June 2007. Such an exchange, however, has not yet achieved full commercialization. The current participants ([<50]* buyers and [<50]* sellers in the United States) conducted a total of […]* million transactions in November 2007 (when for instance Right Media Exchange achieved 145 billion transactions in July 2007, that is to say DoubleClick’s Ad Exchange achieved transaction volumes equal to less than [1%]* of Right Media's exchange).

    • 7.2.

      Horizontal effects

      • 7.2.1.

        Actual competition

  • 192.

    The description of the parties' activities in the previous paragraphs indicates

that they are not direct competitors given that DoubleClick does not sell advertising space whereas Google is present in the market for the provision of online advertising space. The parties do not directly compete either in the market for the provision of display ad serving technology. While DoubleClick is a leading supplier of ad serving technology to third-parties, Google only provides ad serving technology as an ancillary service to its offer of online ad space (and not on a stand-alone basis)111.


Indeed, Google provides primarily text ad serving to publishers participating in the Google network AdSense (all ads purchased through the Google network are served by Google’s own servers to the websites of those publishers) as an ancillary service. Google does not charge separately for this ad serving function and does not provide this service to third parties independently of the provision of ad space


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