FTC and Seven States Settle Antitrust Case with Dentsu, WPP and Publicis
Summary
The FTC and a coalition of eight states including West Virginia reached a settlement with Dentsu, WPP (GroupM), and Publicis in an antitrust lawsuit alleging the companies secretly coordinated to create "brand safety" rules that cut off advertising revenue to conservative news outlets. Federal court-approved agreed orders permanently enjoin the companies from entering into agreements setting common brand safety standards or restricting advertising based on politically motivated criteria.
What changed
The settlement resolves claims that Dentsu, WPP (GroupM), and Publicis violated the Sherman Antitrust Act by secretly coordinating to create "brand safety" standards that labeled certain content including "misinformation" topics as off-limits for advertising. The coordinated conduct was designed to cut off funding to conservative news outlets, podcasters, and political commentary sites. Internal communications revealed executives invoked "Fight Club" rules to keep the coordination secret.
For advertising agencies and publishers, the court-approved orders create permanent compliance obligations. Companies are prohibited from entering into agreements to set common brand safety standards or restrict advertising based on politically biased criteria. Publishers previously excluded under the coordinated brand safety rules may now have access to advertising revenue opportunities that were previously unavailable due to the companies' anticompetitive conduct.
What to do next
- Comply with permanent injunctions in approved agreed orders
- Refrain from entering into agreements to set common brand safety standards
- Refrain from restricting advertising based on politically motivated criteria
Archived snapshot
Apr 17, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Attorney General McCuskey, FTC and seven other states reach agreement in antitrust lawsuit against nation’s largest advertising agencies
April 16, 2026
Dentsu, WPP (GroupM), and Publicis accused of secretly coordinating to suppress ad revenue for conservative news outlets in violation of federal law
CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey joined the Federal Trade Commission (FTC) and a coalition of states in reaching an agreement in a lawsuit filed Wednesday against three of the nation’s biggest advertising agencies, alleging that Dentsu, WPP (GroupM) and Publicis secretly conspired to create “brand safety” rules that effectively cut off advertising revenue to conservative news websites, violating the Sherman Antitrust Act.
Normally, the companies should have competed by developing their own standards. Instead, they agreed to act as one. The companies created a “brand safety floor” that labeled certain content, including topics labeled “misinformation” as off-limits for advertising. According to the complaint, this was specifically designed to cut off advertising funding for conservative news outlets, podcasters and political commentary sites.
“West Virginians deserve a media environment where news publishers succeed or fail based on the merits of their journalism—not because powerful advertising corporations have essentially censored news outlets that didn’t align with their own political ideology. This lawsuit is about protecting free speech, free press and free markets,” Attorney General McCuskey said.
The complaint cited internal communications showing that executives at these advertising companies were aware they were setting aside competition. One document encouraged the companies to keep secret the brand safety standards they were discussing, invoking the phrase: “The first rule of Fight Club is: You do not talk about Fight Club. The second rule of Fight Club is: You do not talk about Fight Club.”
The companies and the governmental enforcers submitted agreed orders to the court that will resolve the lawsuits. Approved by a federal judge on Wednesday afternoon, the orders ensure that Dentsu, WPP (GroupM) and Publicis are prevented from entering into agreements that would set common brand safety standards or restrict advertising based on biased and politically motivated criteria.
The FTC and West Virginia were joined by Florida, Indiana, Iowa, Montana, Nebraska, Texas and Utah.
Read the complaint here.
Read the final orders for Dentsu, WPP (GroupM) and Publicis.
Contact Name Kallie Cart
Contact Phone
304-558-2021 Contact Email kcart@wvago.gov
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