Google Ad Tech Antitrust Litigation: Publisher Claims Largely Survive Summary Judgment

In a September 30, 2026 Opinion and Order in In re Google Digital Advertising Antitrust Litigation, 21-md-3010 (PKC) (S.D.N.Y.), the court largely denied Google LLC and Alphabet Inc.’s summary judgment motions against Gannett Co., Inc., Daily Mail plaintiffs Associated Newspapers Ltd. and Mail Media, Inc., and a certified class of publishers that sold advertising through Google’s AdX ad exchange.

Senior U.S. District Judge P. Kevin Castel denied Google’s summary judgment motion against the AdX Class and denied it against Mikula Web Solutions Inc. The court granted Google summary judgment against The Progressive Inc. For Gannett and Daily Mail, the court granted Google summary judgment only on their New York General Business Law claims and otherwise denied Google’s motion.

Kehoe Law Firm’s involvement in the litigation dates to December 23, 2020, when a class action complaint was filed in the U.S. District Court for the Northern District of California on behalf of the firm’s client, Sterling International Consulting Group (“SICG”), and others similarly situated. The complaint alleged that Google engaged in anticompetitive conduct to monopolize the publisher ad server market, resulting in artificially inflated prices for publisher ad server services and affecting the sale of digital display advertising inventory in the United States.

Publisher Antitrust Claims

The Google ad tech antitrust litigation involves claims under Sections 1 and 2 of the Sherman Act concerning Google’s publisher ad server and ad exchange businesses. As described in the September 30, 2026 Opinion and Order, most plaintiffs allege that Google unlawfully tied its AdX ad exchange to publishers’ use of its DoubleClick for Publishers (“DFP”) ad server and unlawfully monopolized or attempted to monopolize the relevant digital advertising technology markets.

The ruling follows an earlier decision applying issue preclusion to findings from the federal government’s antitrust case against Google. As the court explained, Google is precluded from relitigating certain findings, including that it unlawfully tied DFP and AdX in violation of Section 1 of the Sherman Act.

Publisher Damages Remain

Although the September 30, 2026 ruling does not award damages, it allows substantial publisher damages claims to proceed. The court noted that Gannett and Daily Mail’s expert calculated alleged damages of $900,771,489 for Gannett and $599,955,198 for Daily Mail, plus interest and ongoing accrual.

For the certified AdX Class, the court stated that the class expert calculated $1.72 billion in aggregate class-wide damages through March 31, 2024, with additional damages allegedly accruing thereafter. These figures are expert damages estimates asserted by the plaintiffs, not damages awarded by the court.

AdX Publisher Class Claims Proceed

The AdX Class alleges that Google charged publishers an inflated, supracompetitive take rate as a consequence of two alleged anticompetitive product ties. The court denied Google’s summary judgment motion on the class’s “Act 1” and “Act 2” tying theories and rejected Google’s summary judgment arguments concerning the class’s damages model and statute of limitations.

The court’s ruling means those claims may proceed; it does not constitute a final determination of all remaining liability or damages issues. As the court previously emphasized, application of issue preclusion did not relieve the plaintiffs of their burden to prove antitrust injury and damages.

Other Publisher Claims

The court granted summary judgment to Google on The Progressive’s claims, but denied summary judgment on Mikula’s claims. It also granted Google summary judgment on Inform Inc.’s federal Sherman Act and Clayton Act claims and directed further briefing concerning whether the court should exercise supplemental jurisdiction over Inform’s remaining Georgia-law claims.

Send us a message with questions or concerns about the antitrust litigation or contact:

John Kehoe, Esq.
(215) 792-6676, Ext. 801
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, as well as ERISA and retirement plan litigation. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

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Kehoe Law Firm, P.C. (“KLF”) was proud to be a sponsor of the 2026 IPPFA Heroes Family Fund Topgolf Charity Event in Schaumburg, Illinois, held in connection with this year’s IPPFA MidAmerican Pension Conference.

KLF Director of Business Development Kevin Cauley attended the charity event and the MidAmerican Pension Conference. The conference brings together public pension trustees and professionals for education, discussion, and networking on issues affecting public pension funds, including fiduciary responsibilities and legal and legislative developments.

The IPPFA Heroes Family Fund Charity Event supports families of Illinois police officers and firefighters who have been killed or seriously injured in the line of duty. Kehoe Law Firm was pleased to support the event and the Fund’s work on behalf of first responders and their families.

“The IPPFA conference is a great opportunity to connect with trustees and professionals who are committed to protecting the retirement security of public employees. We were also proud to support the Heroes Family Fund and the important work it does for the families of Illinois police officers and firefighters,” said Kevin Cauley. 

The IPPFA Heroes Family Fund Topgolf Charity Event was held September 29, 2026, followed by the 2026 IPPFA MidAmerican Pension Conference from September 30 through October 2.

The conference provides an opportunity for public pension trustees and industry professionals to engage on pension trustee education, fiduciary responsibilities, legal and legislative developments, and other matters relevant to the public pension community.

Kehoe Law Firm is proud to support the IPPFA community and organizations that serve public employees, first responders, and their families.

For questions about KLF’s involvement in the IPPFA MidAmerican Pension Conference, please send us a message or contact:

John Kehoe, Esq.
(215) 792-6676, Ext. 801
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, as well as ERISA and retirement plan litigation. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

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Tel: 215-792-6676

EMAIL

[email protected]

Kehoe Law Firm, P.C. is counsel to Southeastern Pennsylvania Transportation Authority (“SEPTA”), along with additional lead plaintiffs City of Miami Fire Fighters’ and Police Officers’ Retirement Trust and the Louisiana Sheriffs’ Pension & Relief Fund, in a securities class action against CVS Health Corporation (“CVS”) and certain of its officers pending in the U.S. District Court for the Southern District of New York.

On October 6, 2026, U.S. District Judge Margaret M. Garnett denied CVS’s motion for reconsideration of her earlier ruling on defendants’ motion to dismiss, which allowed significant portions of shareholders’ claims concerning CVS’s alleged use of artificial intelligence in connection with Medicare Advantage care decisions to proceed.

In the class action, Louisiana Sheriffs’ Pension and Relief Fund et al. v. CVS Health Corp. et al., Case No. 1:24-cv-05303, filed in the U.S. District Court for the Southern District of New York, plaintiffs allege that CVS used an artificial intelligence tool in connection with Medicare Advantage post-acute care decisions, resulting in widespread denials of care to elderly patients and generating substantial cost savings.

The lawsuit further alleges that CVS misled investors by failing to disclose material information concerning the use and financial impact of those AI-related practices. Investors also allege that subsequent revelations, including information described in a U.S. Senate report, contributed to a decline in CVS’s stock price.

“We believe the Court’s denial of the reconsideration motion was appropriate and consistent with its prior ruling allowing these important investor claims to move forward,” said John Kehoe, a partner at Kehoe Law Firm. “We look forward to proceeding to discovery and continuing to develop the factual record on behalf of the investor class.”

Investors with questions or concerns about the class action can send us a message or contact:

John Kehoe, Esq.
(215) 792-6676, Ext. 801
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

Kehoe Law Firm, P.C. (“KLF”) is proud to announce the final approval of a $13 million settlement on behalf of investors in litigation arising from the merger of FG New America Acquisition Corp. (“FGNA”) and Opportunity Financial LLC, now known as OppFi Inc.

KLF served as counsel in the case and worked alongside co-counsel in pursuing claims on behalf of FGNA shareholders. On September 22, 2026, Delaware Vice Chancellor Paul A. Fioravanti Jr. entered an order and final judgment approving the settlement, delivering a significant monetary recovery for eligible class members.

The litigation alleged that FGNA’s executives and directors breached their fiduciary duties in connection with the 2021 SPAC transaction that brought Opportunity Financial public. Among other allegations, the complaint challenged conflicts created by founder shares and asserted that investors were not provided with material information concerning dilution, financial projections, and last-minute changes to the merger terms.

The settlement class includes record and beneficial holders of FGNA common stock who held shares as of the July 14, 2021 redemption deadline and did not redeem all of their shares.

KLF is pleased to have played a role in achieving this substantial recovery and securing a meaningful result for investors. The $13 million settlement represents an important outcome for shareholders who alleged they were harmed in connection with the transaction and underscores the importance of holding corporate fiduciaries accountable when investor interests are placed at risk.

KLF remains committed to aggressively protecting the rights of investors and shareholders nationwide through securities class actions, shareholder litigation, and other complex financial matters.

Investors with questions or concerns about the class action can send us a message or contact:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

There is no cost or obligation to speak with the firm, and there are no upfront fees or litigation costs. We handle class action matters on a contingency-fee basis. Any attorneys’ fees or expenses sought in connection with a recovery are subject to court approval.

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Tel: 215-792-6676

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[email protected]

Kehoe Law Firm, P.C. is pleased to announce that its client has been appointed Lead Plaintiff in the securities class action litigation pending against Fly-E Group, Inc. (“Fly-E”) (NASDAQ: FLYE) in the United States District Court for the Eastern District of New York.

The action was brought on behalf of investors who purchased or otherwise acquired Fly-E securities during the alleged class period and asserts claims under the federal securities laws arising from allegedly false and misleading statements concerning the Company’s business, operations, financial condition, and prospects.

In appointing Kehoe Law Firm’s client as Lead Plaintiff, the Court selected the investor to represent the interests of the proposed class and oversee the prosecution of the litigation. The Court also appointed Pomerantz LLP as Lead Counsel.

Kehoe Law Firm is proud to represent the Lead Plaintiff in this important securities litigation and to work alongside Pomerantz LLP in pursuing the claims on behalf of Fly-E investors.

“The appointment of our client as Lead Plaintiff is an important development in this litigation and reflects the significant role our client will have in representing the interests of the proposed investor class,” said Michael Yarnoff, a partner at Kehoe Law Firm. “We look forward to working with Lead Counsel to vigorously prosecute the case and seek a favorable result for Fly-E shareholders.”

Investors with questions or concerns about the class action can send us a message or contact:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

Kehoe Law Firm, P.C., counsel to Lead Plaintiff the Policemen’s Annuity and Benefit Fund of Chicago, is pleased to announce that the United States District Court for the Northern District of California has preliminarily approved a $17.05 million settlement in the securities class action litigation against Twist Bioscience Corporation (“Twist”) and certain of its senior executives.

On July 17, 2026, U.S. District Judge Eumi K. Lee granted preliminary approval of the proposed settlement in Peters v. Twist Bioscience Corporation, et al., Case No. 22-cv-08168. The Court also preliminarily certified the Settlement Class for purposes of the settlement.

The litigation alleges that Twist and certain of its senior management made materially false and misleading statements concerning, among other things, the Company’s production process, product quality, customer satisfaction, accounting practices, production costs, and gross margins.

Kehoe Law Firm’s client, the Policemen’s Annuity and Benefit Fund of Chicago, was appointed Lead Plaintiff to represent the interests of investors in the litigation. Kehoe Law Firm has served as counsel to the Lead Plaintiff in pursuing the claims on behalf of the proposed investor class.

The proposed $17.05 million settlement, if granted final approval, will resolve the securities claims asserted in the litigation and provide a substantial monetary recovery for eligible Twist investors. The Court has scheduled a final approval hearing for November 18, 2026.

“Kehoe Law Firm is pleased with the Court’s preliminary approval of this significant settlement and proud to represent the Policemen’s Annuity and Benefit Fund of Chicago as Lead Plaintiff,” said John Kehoe, counsel for Kehoe Law Firm. “This settlement represents an important recovery for Twist investors and reflects the Lead Plaintiff’s commitment to vigorously pursuing the interests of the class.”

Kehoe Law Firm looks forward to continuing its work on behalf of the Lead Plaintiff and the Settlement Class through the final approval process.

Investors with questions or concerns about the class action can send us a message or contact:

John Kehoe, Esq.
(215) 792-6676, Ext. 801
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]