Penske Media has appealed a U.S. judge’s dismissal of its antitrust lawsuit against Google, which concerns the company’s AI (artificial intelligence) search summaries. The judge’s September ruling was in Google’s favor.
What the court decided#
Judge Amit Mehta ruled that current antitrust laws do not extend to AI-powered search summaries, and he rejected the plaintiffs’ central arguments.
The plaintiffs had argued that Google, through its “unlawful monopoly over search,” compels publishers to grant sweeping AI training and summary authorizations “for free.”
Although he dismissed the case, the judge acknowledged the economic impact of the summaries on publishers. He said the matter is for lawmakers, not the courts, to address.
Penske’s concerns#
According to Penske Media, publishers agree to these terms because the alternative is to exit search results altogether, a far from ideal option. The company says this has led to falls in traffic and advertising revenue caused by Google’s AI summaries.
Penske described visitor declines at its own publications. If outlets receive little search traffic despite being featured in results, it is unclear what incentive they would have to keep working with Google in the long run.
Google’s news program#
Without participation from established outlets, Google cannot offer a comprehensive news experience, short of building a large media operation of its own.
The program’s features include “customizable audio briefings” and “in-depth article overviews on Google News publisher pages offering people helpful context before they click.” Google said last month that more than 400 publications participate.
Among the current participants are:
- CNN
- Axios
- Forbes
Billboard and The Hollywood Reporter do not appear to be participating as things stand.
