[behrlich]

The allegation is that Google profited from lying, which is the definition of fraud. They stole, by making someone pay more than they otherwise would have, through deception. If the deal was “you pay what you bid” then this would be fine, but that was not the deal.(To be clear, I have no idea what the deal was, I’m just explaining the OP)

[qingcharles]

Exactly this. You can end up with some weird situations. I saw one guy get a criminal conviction for this: he repaired elevators. He left RepairCorp where he worked and set up on his own. BuildingCorp continued to pay him for their repairs not realizing it wasn't RepairCorp. In the trial they stated that they were always very happy with his work and the price was identical to RepairCorp. They were pissed he had lied to them though, and the guy ended up getting convicted for fraud.

[junon]

I'm aware of what fraud is, I just didn't understand based on the parent comments what fraud was being committed (what lies were told, etc). I didn't pick up on the fact that Google was advertising paying the runner-up bid plus a penny but then marking up the runner-up bid substantially.

[mathteddybear]

But that's not what the witness expert claims. He said "squashing".

Google used a second price auction, and also it ranked ads in the auction by bid multiplied by click through rate. Squashing is something like ranking ads by (bid * power(ctr, gamma)) where 0 < gamma < 1. In auctions where the 3rd bid (or lower) wins under the (bid * ctr) rank switching to squashing may increase revenue, because the actually higher bid will win the auction.