Order | Filed: September 30, 2026
| Entered: September 30, 2026
In re: Google Digital Advertising Antitrust Litigation
Anti-Trust | New York Southern
Memorandum & Opinion
OPINION AND ORDER re: (1352 in 1:21-md-03010-PKC) MOTION for Summary Judgment On Publishers Second Amended Consolidated Class Action Complaint. filed by Google LLC, Youtube, LLC, Alphabet Inc., (159 in 1:23-cv-05177-PKC) MOTION for Partial Summary Judgment on Google's Affirmative Defenses. filed by Gannett Co., Inc., (291 in 1:21-cv-07034-PKC) MOTION for Summary Judgment On Publishers Second Amended Consolidated Class Action Complaint. filed by Google L.L.C, Alphabet Inc., Youtube L.L.C., (346 in 1:21-cv-03446-PKC, 284 in 1:23-cv-05177-PKC, 1581 in 1:21-md-03010-PKC) MOTION in Limine to Exclude the Expert Testimony of Prof. Shengwu Li and Prof. Ali Hortacsu. filed by Google L.L.C., Alphabet Inc., (1357 in 1:21-md-03010-PKC) MOTION for Summary Judgment On All Claims Asserted by Plaintiffs Daily Mail and Gannett. filed by Google L.L.C., Alphabet Inc., (1576 in 1:21-md-03010-PKC, 350 in 1:21-cv-07034-PKC) MOTION in Limine to Exclude the Opinions of Publisher Experts Einer Elhauge and Anand Das . filed by Google LLC, Google L.L.C, Youtube, LLC, Alphabet Inc., Youtube L.L.C., (218 in 1:21-cv-03446-PKC) MOTION for Partial Summary Judgment on Google's Affirmative Defenses. filed by Mail Media, Inc., Associated Newspapers Ltd., (148 in 1:23-cv-01530-PKC) MOTION for Summary Judgment On Inform's Fourth Amended Complaint. filed by Google LLC, Alphabet Inc., Youtube L.L.C., (1358 in 1:21-md-03010-PKC) MOTION for Summary Judgment On Inform's Fourth Amended Complaint. filed by Google LLC, Youtube, LLC, Alphabet Inc., (1255 in 1:21-md-03010-PKC) MOTION for Partial Summary Judgment on Google's Affirmative Defenses. filed by Mail Media, Inc., Associated Newspapers Ltd., Gannett Co., Inc. For the reasons explained, the Court concludes as follows: 1. Associated Newspapers v. Google LLC, and Gannett Co., Inc. v. Google LLC: Google's motion to exclude the opinions of Shengwu Li and Ali Hortacsu is DENIED. Google's summary judgment motion is GRANTED as to plaintiffs' claims brought under the New York General Business Law but otherwise DENIED. The partial summary judgment motion of Gannett and Daily Mail is GRANTED to the extent that Google asserts that Daily Mail could have mitigated damages by publishing fewer "salacious" articles and that Gannett could have mitigated damages by making different business decisions but otherwise DENIED to the extent that Google urges plaintiffs could have mitigated damages by adjusting their use of the DFP ad server. Google's affirmative defense of unclean hands is voluntarily dismissed. 2. In re: Google Digital Publisher Antitrust Litigation: Google's summary judgment motion is DENIED as to the claims of the AdX Class and Mikula but GRANTED as to the claims of The Progressive. The Clerk is respectfully directed to enter judgment in favor of Google LLC and Alphabet Inc. solely as to the claims of The Progressive Inc. The claims of JLaSalle Enterprises LLC have been voluntarily dismissed and the Clerk is respectfully directed to terminate it as a plaintiff. Plaintiffs have voluntarily dismissed Count III and Count IV, and do not rely on the following as to their remaining claims: Project Bernanke, Line-Item Capping, Redaction of Auction Data, Project Poirot, Project Elmo, Minimum Bid to Win and discriminatory risk aversion coefficients. Google's motion to exclude the expert opinions of Einer Elhauge and Anand Das is DENIED. 3. Inform Inc. v. Google LLC: Google's motion for summary judgment is GRANTED as to Counts I through V. Within seven days of this Opinion and Order, Inform shall file a letter-brief setting forth its views on whether the Court should exercise supplemental jurisdiction over its claims for tortious interference and fraud brought under Georgia law. Google may respond within seven days thereafter. The Clerk is respectfully directed to terminate the following motions: In re: Google Digital Advertising Antitrust Litigation, 21-md-3010 (PKC): ECF 1255, 1352, 1357, 1358, 1576 and 1581; Associated Newspapers Ltd. et al. v. Google LLC et al., 21-cv-3446 (PKC): ECF 218 and ECF 346; In re Google Digital Publisher Antitrust Litigation, 21-cv-7034 (PKC): ECF 291 and ECF 350; Inform Inc. v. Google LLC et al., 23-cv-1530: ECF 148; and Gannett Co., Inc. v. Google LLC et al., 23-cv-5177 (PKC): ECF 159 and ECF 284. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/30/2026) Filed In Associated Cases: 1:21-md-03010-PKC, 1:21-cv-03446-PKC, 1:21-cv-07034-PKC, 1:23-cv-01530-PKC, 1:23-cv-05177-PKC (vfr)