In sum, the Brown Shoe factors counsel in favor of finding a relevant market for search advertising. Neither Google’s counterarguments nor its legal authorities persuade the court otherwise.
All that said, U.S. Plaintiffs’ search ads market is underinclusive in an important way: It excludes certain search advertisements that appear on Amazon known as “product page” ads. Such ads share the defining characteristic of search ads, which is that they are delivered in response to a user query. To illustrate, when an Amazon user queries “coffee,” its results page contains ads like PLAs presented on Google. Such ads are included in U.S. Plaintiffs’ market. When a user then selects a product—through a PLA or an unpaid result—they are taken to a “product page” that also contains advertisements (see below). These “product page” ads look a lot like PLAs, and they respond to the user’s twice-expressed intent (the query and the product selection). See Tr. at 8459:8-24 (Israel) (discussing DXD29 at 108). Yet, they are not included in U.S. Plaintiffs’ search ads market. Id.
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