You are here

Why not a Marketer Bill of Rights for the Google-Yahoo Cartel?

To the extent Google and Yahoo's new partnership in search and display advertising diminishes #2 Yahoo's viability to competitively discipline #1 Google's dominance of search and online advertising, online marketers and advertisers need Google-Yahoo to commit to respect a "Marketer Bill of Rights."

  • Google-Yahoo jointly control:
    • 83% of U.S. search advertising share per eMarketer; and
    • 64% of all U.S. Internet advertising revenue per the IAB.
  • Google's has ~1,000,000 advertisers in its network, compared to Yahoo's ~300,000 and Microsoft's ~75,000.

Marketer's Bill of Rights for the Google-Yahoo Cartel:

U.S. marketers do not currently enjoy, but should have the right to:

  • Competition among application and service providers of search, display and other forms of online advertising.  
    • Independent third-party oversight, audit and dispute resolution of their auctions, practices, bans, and internal controls.
  • Fair representation and truth in advertising through the open, full and public disclosure of all of Google-Yahoo's joint and individual financial conflicts-of-interests.
  • Accountability in the online advertising marketplace where Google-Yahoo is accountable to:
    • Independent, third-party oversight, audit, and dispute resolution of their auctions, practices, bans, and internal controls.

  • Open, fair, and transparent auctions where auction buyers and sellers are fully informed of all relevant factors that influence the outcome of the auction, including any secret or subjective auction variables like the "quality score."
  • Auction neutrality and fair competition where Google-Yahoo cannot:
    • Self-deal by bidding anonymously against public bidders for keywords related to Google-Yahoo's proprietary businesses;
    • Front run by using their unique knowledge of competitive auction supply and demand to select or win key words for Google-Yahoo's proprietary businesses; or 
    • Fix arbitrary minimum pricing when there is only one bidder for a key word.  
  • No seizure without just compensation of trademarked brands as keywords or other digital intellectual property.
  • Customer service where if someone wants to speak with a Google or Yahoo representative in person to address their problem or grievance, they can do so within 24 hours. 
Q&A One Pager Debunking Net Neutrality Myths