If your company generated revenue from programmatic sales of online advertising space in the European Economic Area (EEA) between January 2014 and September 2020, you are entitled to claim damages from Google. We can assist you in the enforcement of these claims through a "class action" by way of an assignment model - we bear the cost risk and will act as claimant against Google. If your total revenue from the sales of online advertising space in the years between 2014 and 2020 amounted to less than EUR 10,000, your claims for damages may be marginal, making participation in the assignment model not economically viable.
In order to determine the damage, economists compare the so-called counterfactual (hypothetical) scenario without the infringement with the actual situation. Hence, the question arises as to what revenue publishers would have generated without the abuse. The difference corresponds to the quantum of damages. These damages are also subject to interest, with an interest rate of 5 percentage points above the base rate.
In order for reliable estimates of the quantum of damages to be made, it is essential to obtain an expert opinion from our economists. In addition to Google's complex, multi-layered and varying behavior which our economists and ad tech experts analyze in detail, the damage incurred is ultimately company-specific and dependent on your transactions and your sales of online advertising space. In an initial rough estimate, experts have determined that publishers in the European Economic Area may have suffered damages totaling several billion euros. In its decision of 7 June 2021, the French competition authority also found that publishers were harmed.
With the assignment model, your claims can be enforced effectively and efficiently, since regularly it is the economies of scale achieved by bundling several claimants that give you a realistic chance of recovering damages.
· Individual claimants, including large companies, often do not have sufficient information and data for a reliable calculation of the quantum of damages.
· The information asymmetry between the injured parties and the defendants is reduced by combining the data of many injured parties. At the same time, the assignment model ensures that the data of each injured party is kept confidential and is not shared among each other.
· The bundling of claims, and thus the volume of the action, leads to a better negotiating position towards the defendants, allowing negotiations to be carried out on equal footing.
· The assignment model also generates synergies in terms of procedural efficiencies. The costs for the judicial expert opinion on the damage, the claimant's own lawyers and the court costs must be paid in advance by the claimant. By offering a fully funded assignment model, we ensure that your company has access to the best economists and lawyers, regardless of the size of your company and the potential amount of damages.
· The German Federal Court of Justice has already confirmed the legality and admissibility of a “class action” using the assignment model in several cases. In Germany, unlike in other European countries, the assignment model therefore no longer offers a strong target for defendants.
· In the assignment model, we will appear as the sole claimant. You are not directly involved in the legal proceedings. Your claims are enforced jointly with those of many other injured parties. This way, you will not have to directly confront your long-term and future business partner.
Participating in our assignment model will leave you without any cost risk. We bear all costs, for example for the economic expert opinion, the lawyers and the court. After we have successfully enforced your damage claims, you will receive the recovered amount minus a success fee, which will be as follows:
· 17.5 % (or 15 % for members of media associations) if a settlement is reached before the action is filed
· 27.5 % (or 25 % for members of media associations) if the proceedings are concluded within 3 years of the filing of the action
· 30 % (or 27.5 % for members of media associations) if the proceedings continue for more than 3 years after the action has been filed
You will receive a confirmation e-mail with further information.
We would only require some data and documents, such as verification of your revenue from the sale of online advertising space. We will provide you with detailed instructions later after you have registered and signed the contract. We will always keep you updated on the status of the proceedings. Our experienced lawyers and economists will take care of everything else.
This depends on the progress of the negotiations and any (possibly necessary) court proceedings. After a successful conclusion of the proceedings, you will receive the recovered amount, including interest, minus the success fee.