Advertising

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Advertising can play an important role in markets by improving information flows and addressing information asymmetries to alert consumers to new products or deals.

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The aim of this background note is to support discussion at the Competition Committee’s Working Party 2 roundtable on digital advertising markets on 30 November 2020.

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The OECD’s Committee on Consumer Policy has also undertaken work relevant to digital advertising markets.

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Traditional avenues for reaching consumers (especially younger consumers) are becoming less relevant and are being replaced by digital channels.

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First, it can be used to target (and retarget) ads.3 Second, it can be used to track how users interact with ads, which can be used to determine the effectiveness of advertising campaigns.

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Third, tracking of consumer reactions can be important for advertising payments that are related to specific user outcomes, such as “clicks”, webpage visits, or purchases, for example.

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More generally, AI is the broad science of machines attempting to mimic human abilities, using AI systems.

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Machine learning can also facilitate A/B testing, which allows marketers to test which form of ad is most effective by running multiple versions over a testing period.

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In addition, content providers and social media platforms offer new forms of search advertising, such as native advertising and user-generated ads, including “influencer” advertising.

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For this reason, search advertising, which allows advertisers to pay to have their listings included or prioritised among the results returned in response to a consumer’s search query, can provide advertisers with direct access to consumers exactly when they are looking to make a purchase.

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Note that at least half of all TikTok users (some 400 million) are in based China, where the platform is called Douyin.

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Namely, the digital advertising supply chain, and the electronic trading of digital advertising, which is largely facilitated through auctions.

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In traditional forms of media advertising, the supply chain was usually straightforward and might have been as simple as the advertiser going directly to a publisher (perhaps via an advertising agency).

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Supply side of the market The supply side of the market comprises the suppliers of advertising space, being publishers, and the intermediaries that provide services to publishers to help them sell that space.

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Larger publishers, for example, Facebook and Google (for Internet search and YouTube), as well as some of the larger news media sites, can sell their ad inventory directly to advertisers.

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Ad networks may specialise by concentrating on a particular type of consumer, device, quality of service, or network of publishers.

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Similarly, Google’s Display Network includes over 2 million websites, videos and apps, both within and outside of its business, and reaches over 90 % of Internet users worldwide.

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They also include “advertiser ad serving services”, which ensure the delivery of an ad onto a publisher’s website (or app).

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That is, they provide services to help advertisers manage their ad campaigns.15 Advertisers may also use Data Management Platforms (DMPs), which are software platforms that collect, analyse and manage first and third-party data in order to identify audience segments for the purposes of targeted advertising.16 DMPs are usually linked to a DSP to provide integrated services to advertisers.

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It is an auction process in which a handful of advertisers bid against one another to buy a publisher’s inventory.

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Programmatic advertising offers a range of benefits such as “greater liquidity, better return-on-investment metrics, more precise ad targeting and lower transaction costs” (U.S.

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These have concerned the order in which exchanges can bid, the number of exchanges that can compete at once in real time, and whether auctions are “first-price” or “second-price”.

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However, in the interim, some auctions were only dynamic for certain players, which potentially gave those players an advantage.18 In particular, it would allow those exchanges to bid in real time against other exchanges’ historical averages, which arguably gave a particular advantage for higher value inventory.

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In comparison, in first-price auctions, the highest bidder wins, and has to pay whatever they bid.

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The type of auction can affect market outcomes and has particular implications for bidding strategies of advertisers.

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Advertisers are willing to pay more for “exclusive” eyeballs than for those that can be reached through multiple means.

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The revenue model for these businesses often came later, with many opting to sell advertising space once they had a sizable user base.

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It also recommended an inquiry into the supply of ad tech services and advertising agencies, which commenced in February 2020, and is due to conclude in August 2021.

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United Kingdom The Competition and Markets Authority (CMA) launched a market study on online platforms and digital advertising in July 2019, with the final report published in July 2020.

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Other business models New business models are emerging as a market response to consumer dislike of digital advertising and increased online tracking, which is also resulting in increased use of ad blocking services.

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Instead, it earns revenue from digital ads that are based solely on the search terms entered by the user, and some revenue from affiliates who pay DuckDuckGo when it sends a user to an affiliate’s site 4.1.2.

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Multi-homing could be due to product differentiation meaning that the platforms are not close substitutes, and could arguably be in separate product markets.

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These factors together suggest that new entrants may find it difficult to attract publishers.

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This can make it difficult for new entrants to compete with incumbent platforms as their marginal costs will be higher until they achieve a similar scale.

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Economies of scope may also be relevant given some of the key players in digital advertising operate across multiple distinct but related markets.

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Click-and-query data helps search engines to improve the relevance of results by training the search algorithm.  Access to location data, which can be used to better target advertising.  Agreements with providers of mobile devices to be the default browser and search engine.  Economies of scale in developing a web index (that is, indexing the contents of a website or of the Internet as a whole) are also a potential barrier to entry.

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In comparison, cross-side network effects occur where a social network attracts advertisers, which is important to raising revenue.

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In addition, it provides ad selling and serving services to publishers (sellers of advertising space).

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It is worth noting that increased vertical integration in and of itself is not necessarily problematic from a competition point of view.

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Indeed, his dataset suggested that while advertising had increased over time, concentration had fallen, and that advertising tended to be associated with entry, and thus, competition.

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Any competitive advantage gained by a business investing in advertising is undone when other firms also make this investment.

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Hence, access to consumer data is of key importance for advertisers (in order to reach a certain consumer), and publishers (in order to receive higher bids).

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More broadly, access to data is important for ad attribution, billing, and managing advertising campaigns.

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A lack of transparency around auction prices and exchange fees, coupled with concerns around conflicts of interest and auction design, raise at least the theoretical possibility that certain vertically integrated platforms could engage in arbitrage (or margin squeeze).

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Websites such as newspaper websites, blogs or travel site aggregators often have an embedded search function which can deliver both search results and search adverts.

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Hence, the EC found Google to be in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 54 of the EEA Agreement, in respect of its online search advertising intermediation services.

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The EC noted that consumers are much more likely to click on results that are visible, and notably those which appear on the first page of results.

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It also found that Facebook had not gained meaningful consent from consumers in respect of its data tracking practices, and the merging of this data to consumers’ Facebook profiles.

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It further found that Facebook’s data collection was not exploitative since consumers could continue to make the same data available to other companies.

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Google acquisitions Google/DoubleClick Google/DoubleClick involved a 2008 merger between two parties with the ability to collect and use substantial amounts of user data for the purposes of targeted digital advertising.

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DoubleClick was the leading ad server globally: it sold ad serving, management and reporting technology to website publishers, advertisers and advertising agencies.

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It found that competition among firms in this market was vigorous, and likely to increase.

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In particular, the EC is concerned that the acquisition could increase Google’s access to consumer data, and its ability to gather such data.

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Specifically, the merger:  increased the number of social network users that Facebook could reach, given that many of the users that left Facebook were those that were more attracted to Instagram, increasing the merged platform’s size  removed the competitive constraint that Instagram might have exerted on Facebook, especially for users that would have used both platforms, improving the merged entity’s user base exclusivity  improved Facebook’s ability to merge data across the two platforms to obtain a richer data set, which is valuable for targeting ads.

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Alternatively, some competition agencies already have the ability to implement structural remedies as a response to issues identified in market studies.

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Most recently, the US House of Representatives antitrust report on big tech has also recommended that the US Congress consider legislation to allow for structural separation and line of business restrictions to manage conflicts of interest for some of the larger digital platforms (including those active in digital advertising markets) (U.S.

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Specifically, she considers that Google, as a seller of ad space, could be required to divest its exchange, its buying tools, and Chrome.

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In particular, the EC is concerned that certain structural problems, such as network or scale economies, lack of multi-homing or lock-in effects, high concentration and high entry barriers, or lack of access to data (many issues applicable in digital advertising markets), cannot be remedied under its current competition laws.

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Public consultation on the proposal was invited until September 2020, with legislative changes anticipated for December 2020.

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In particular, self-preferencing, data access and unfair contractual provisions are mentioned in options 1 and 3.

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It would then be for the dominant firm to show that the practice has positive impacts for competition (for example, by achieving efficiencies that outweigh any anticompetitive impacts).

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Non-discrimination rules would require dominant platforms to offer equal terms for equal service and would apply to price as well as to terms of access.

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That is, where exchanges permit co-location, there should be non-discriminatory and transparent pricing and terms of access.

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Intermediaries could be required to disclose information about their trading activity (in milliseconds) and even synchronise business clocks with a universal clock to let others monitor whether they are properly managing their conflicts of interest (and not front-running).

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The EDPS hosted four meetings of the Digital Clearinghouse between 2017 and 2018, and from 2019, the Digital Clearinghouse has been jointly hosted by the Research Centre in Information, Law and Society at the University of Namur, the Tilburg Institute for Law, Technology, and Society at Tilburg University, and the European Policy Centre in Brussels.

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Given the international reach of many of the larger players in digital advertising markets, this will increasingly be an area which requires international co-operation and co-ordination.

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Businesses with many consumer facing applications, and access to third-party data, are able to collect stores of consumer data, which are particularly valuable in digital advertising markets.

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Restrictions on data interoperability or sharing, may inhibit competition.  Market power appears to be an issue in at least some digital advertising markets.

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One option is to introduce new rules that specifically prohibit or manage some of the issues prevalent in digital advertising markets such as regarding conflicts of interest, self-preferencing conduct, data interoperability and sharing, and market transparency.

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Download the PDF to a local file, then run the committed verifier. A changed PDF is reported as drift rather than silently accepted.

python scripts/verify_primary_public_claim_group.py artifacts/cb7k_dom091_t07_primary_claims.json --source-file <local-raw-pdf>

In considering such solutions, it will be important to consider any possible unintended consequences, such as undermining procompetitive digital business models that rely on digital advertising as a main or significant source of revenue.

Evidence card JSONRendered card