AdTrader, Inc. v. Google LLC

I. BACKGROUND

20 Plaintiffs filed a proposed class action on December 13, 2017, alleging that Google 21 wrongfully failed to provide refunds or credits to advertisers who used what was then known as its 22 DoubleClick Bid Manager (“DBM”) platform (now “Display & Video 360”) for invalid activity 23 that Google detected. ECF No. 1. Plaintiffs subsequently extended their claims to include 24 advertisers who used Google’s AdWords platform as well, among others. ECF No. 1, 29, 72 25 (“SAC”). Google’s DoubleClick Ad Exchange (“AdX”) is a Google-owned and operated 26 advertising exchange serving both advertisers and website publishers. See SAC ¶¶ 23-28. 27 Website publishers using AdX can monetize their inventory and be matched via an auction format with online advertisers looking to bid on that inventory. See id. Google pays publishers a portion of the revenues Google receives for ads displayed on the publisher’s websites. ECF No. 154 (“Answer”) ¶ 23. AdWords is a service that allows advertisers to run both display and search advertising campaigns. AdWords advertisers could buy inventory from AdX publishers under the AdWords default settings. Answer ¶…