Nebraska Joins FTC and Coalition States Lawsuit Against Ad Agencies for Digital Advertising Collusion
Summary
Nebraska Attorney General Hilgers joined the FTC and eight states in filing an antitrust lawsuit against major advertising agencies WPP, Publicis, Dentsu, Omnicom, and IPG for allegedly colluding since 2018 to establish common 'Brand Safety Floor' standards targeting 'misinformation.' The complaint alleges that firms NewsGuard and the Global Disinformation Index were used to promote demonetization of disfavored political viewpoints, displacing competition in the market for ad-buying services. The ad agencies have agreed to a proposed consent order that would prevent engaging in agreements setting common brand safety standards or restricting advertising based on biased criteria. The complaint and order were filed in the U.S. District Court for the Northern District of Texas.
“Starting in 2018, major U.S. advertising agencies WPP, Publicis, and Dentsu unlawfully colluded to impose common "brand safety" standards across the digital advertising industry, according to the FTC's complaint.”
Ad agencies and major advertisers active in digital advertising should review their brand safety vendor contracts and any participation in industry-wide standards-setting activities. The proposed consent order's prohibition on 'common brand safety standards' and 'politically motivated criteria' suggests that coordinated exclusion of content based on ideological assessments will face heightened scrutiny going forward.
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What changed
The FTC and coalition of states filed an antitrust complaint against five major U.S. advertising agencies (WPP, Publicis, Dentsu, Omnicom, and IPG) alleging that beginning in 2018, these firms coordinated through trade associations to establish a common 'Brand Safety Floor' that displaced competitive conditions in the digital advertising market. The complaint specifically alleges that NewsGuard and the Global Disinformation Index were used as instruments to designate disfavored speech as 'misinformation,' enabling coordinated demonetization. A proposed consent order filed simultaneously would prohibit the agencies from entering agreements that set common brand safety standards or restrict advertising based on politically motivated criteria.\n\nDigital advertising agencies and major advertisers should review their brand safety vendor relationships, industry association memberships, and any coordinated standards-setting activities to ensure they do not implicate antitrust concerns. The proposed order, if approved by a federal judge, would impose ongoing compliance obligations preventing coordinated content-restriction standards across the industry.
Archived snapshot
Apr 22, 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.
Nebraska Joins FTC and Coalition of States to Restore Competition in the Digital Advertising Ecosystem
Posted Wednesday, April 15, 2026 Today, the Nebraska Attorney General’s Office, the Federal Trade Commission, and a coalition of states filed a lawsuit to stop collusion between the nation’s largest advertising agencies that distorted America’s modern public square.
Starting in 2018, major U.S. advertising agencies WPP, Publicis, and Dentsu unlawfully colluded to impose common “brand safety” standards across the digital advertising industry, according to the FTC’s complaint. The ad agencies, together with their primary competitors Omnicom and IPG, operated through trade associations to establish a common “Brand Safety Floor” to target “misinformation.”
The complaint alleges firms like NewsGuard and the Global Disinformation Index used this misinformation designation as a means to promote the demonetization of disfavored political viewpoints. In a competitive market, ad agencies compete for advertisers’ business by offering brand-safety tools that provide the best quality at the lowest cost. The brand safety agreement displaced competition by insulating the ad agencies from these competitive conditions, according to the complaint.
To resolve the FTC’s charges, the ad agencies have agreed to a proposed order that will stop the alleged coordinated conduct and prevent similar conduct from occurring in the future.
“Free speech is one of the most precious rights in our Constitution, yet three of the country’s largest ad agencies colluded to classify disfavored speech as ‘misinformation,’ which eliminated competition in the market for ad-buying services. Today’s lawsuit and proposed settlement help restore balance and competition to digital news platforms. The order we propose is a win for free speech and the marketplace of ideas,” said Attorney General Hilgers.
If approved by a federal judge, the order will ensure that each of the biggest U.S. advertising agencies is prevented from engaging in agreements that would set common brand safety standards or restrict advertising based on biased and politically motivated criteria.
The FTC’s complaint and final order were filed in the U.S. District Court for the Northern District of Texas. Joining the complaint are Florida, Indiana, Iowa, Montana, Nebraska, Texas, Utah, and West Virginia.
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