> This might mean you can't use TheTradeDesk and Google Adsense en-masse for example. Basically, as of today, a lot of price discovery is now automated by a majority of companies using a handful of vendors for this.
IANAL but this seems incorrect. Price discovery is one thing, being contractually obligated to keep prices at a certain level 80% of the time is another. A court can make a ruling about that 80% number in the contract without saying anything that impacts one's ability to discover the prices competitors charge
TradeDesk has algos that set bids (supply side), rather than set prices (sell side). Maybe SSPs have algos for setting floor prices that would be affected.
IANAL but this seems incorrect. Price discovery is one thing, being contractually obligated to keep prices at a certain level 80% of the time is another. A court can make a ruling about that 80% number in the contract without saying anything that impacts one's ability to discover the prices competitors charge