Key Takeaways for This Week
- The FTC’s proposed delivery fee rules could reshape promotions, checkout flows, and customer acquisition on food delivery platforms.
- Publicis’ $2.2 billion LiveRamp acquisition raises new questions around data neutrality, identity partnerships, and measurement control.
- AI advertising still runs heavily through traditional search, with 82.5% of 2026 AI ad spending tied to AI-adjacent search placements.
- Streaming reached 47.6% of TV viewing in March 2026, while upfronts showed advertisers increasingly prioritizing sports, fandom, and measurable performance outcomes.
This week’s stories show that performance marketing is becoming more data-driven, AI-assisted, and outcome-focused. Media buyers now face growing pressure to adapt to streaming growth, shifting AI behavior, tighter regulation, and changing data infrastructure.
FTC Moves to Regulate Online Food Delivery Fees
What the FTC’s ANPRM Proposes
The FTC proposed new rules for food delivery platforms. The rules target hidden fees and misleading “free delivery” claims. The agency also wants clearer checkout pricing.
The FTC is reviewing how delivery apps use dynamic pricing. Some apps adjust prices based on distance, demand, and driver availability. The public comment period closed on May 18, 2026.
What PDMI Said in Its Comment
PDMI backed the FTC’s push for transparency. However, the group warned against regulatory spillover. It argued that the proposed definition of “online food delivery services” is too broad. The rule could affect meal kit brands, coffee subscriptions, and small DTC food sellers.
The group also pointed to recent FTC settlements with Instacart, Grubhub, Walmart, and Amazon. It said those cases show the FTC is targeting large delivery intermediaries. E-commerce retailers are outside that focus.
What This Means for Marketers
Delivery apps run on fee-based revenue. That makes pricing rules a major issue for the industry. New disclosure rules could reshape promotions and checkout flows. They could also change customer acquisition strategies.
Brands that rely on delivery marketplaces will face tighter pricing rules. Platforms may need clearer offer language and fee disclosures.
Publicis Acquires LiveRamp for $2.2 Billion
What the Deal Includes
Publicis acquired LiveRamp in an all-cash deal worth $2.16 billion. The company paid $38.50 per share. The acquisition adds LiveRamp’s identity resolution, clean room, and data connectivity tools to the Publicis stack. It also expands Epsilon’s targeting capabilities.
LiveRamp brings major scale to the deal. Its Authenticated Traffic Solution reaches about 80% of top comScore publishers. The platform also powers data collaboration for major retail media networks. Publicis now claims about 4 billion consumer profiles across its ecosystem.
Why This Changes the Ad Tech Landscape
LiveRamp built its business on neutrality. Competing agencies, brands, and publishers all used its infrastructure. That changes under Publicis ownership. One industry commentator called the deal “the end of the neutral middle.”
What TelNet’s Clients Should Watch
The acquisition raises new questions around data governance and measurement independence. Brands that relied on LiveRamp as a neutral layer may now reassess those partnerships.
TelNet’s clients should also review identity partnerships tied to LiveRamp infrastructure. Agency relationships may play a bigger role in audience data and measurement. They could also shape how brands access clean rooms.
AI in Advertising Is Not Playing Out as Expected
What eMarketer Found
AI ad spending is growing fast. US spending could reach $32 billion this year and pass $68 billion by 2030. But most of that money is not going into chatbot ads. 82.5% of AI ad spending in 2026 will go toward traditional search ads placed next to AI-generated search results.
Consumer behavior is influencing that shift. ChatGPT is now one of the five most-visited websites globally. Yet people who use AI tools still search heavily on Google. AI is acting more like a search companion than a replacement.
How Agency Operations Are Actually Changing
Agency teams are restructuring around automation and AI-assisted workflows. Platforms now handle more bidding, optimization, and execution tasks. That change is pushing agencies toward strategy and consumer planning.
Media plans are also evolving. Agencies now build campaigns for both people and AI systems. Brands increasingly need visibility inside AI-generated recommendations and search experiences.
The Practical Takeaway for Performance Marketers
The biggest AI opportunity still sits inside search. Traditional Google paid listings remain the strongest AI-adjacent placement for advertisers. Organic visibility also matters more than many brands expected. AI tools increasingly prioritize what others say about brands.
Streaming Is Closing in on Half of All TV Viewing
What Nielsen’s March Data Shows
Streaming reached 47.6% of all TV viewing in March 2026. That figure was up from 43.8% a year earlier. March Madness and heavy news coverage briefly lifted cable and broadcast. However, both categories still declined year over year.
The broader trend is becoming hard to ignore. Streaming is steadily pulling viewers away from traditional TV. YouTube remained the largest streaming platform with a 13.2% share. Roku also posted major growth and now outranks several legacy-owned streaming services.
What the Upfronts Confirmed
NBCU, Disney, and Fox all centered their upfront presentations around sports and fandom. One theme tied everything together: performance.
Advertisers are increasingly prioritizing measurable outcomes. NBCU even reported a 90% lift in insurance quote starts for State Farm through its sports retargeting system.
What This Means for Media Allocation
Streaming inventory is becoming a battlefield for performance budgets. Live sports now anchor traditional TV’s remaining value. Media companies are increasingly selling engagement and fan loyalty alongside reach. Brands without a streaming strategy risk falling behind the market.
OpenAI and Altman Win Musk Lawsuit
What the Case Was About
Elon Musk lost his lawsuit against OpenAI, Sam Altman, Greg Brockman, and Microsoft. Musk claimed OpenAI abandoned its nonprofit mission and shifted toward a for-profit model. The case exposed years of internal conflict around AI commercialization.
The lawsuit ultimately turned on timing. OpenAI argued Musk filed his claims too late under California law. A jury unanimously agreed with that defense. Musk has already said he plans to appeal the ruling.
Why It Matters for the AI Industry
The verdict removes a major legal threat hanging over OpenAI. The case had created uncertainty around the company’s structure and future expansion plans. The ruling also paves the way for OpenAI’s reported IPO ambitions and broader commercial growth.
The decision could shape the wider AI market. It signals that for-profit AI development may face fewer legal hurdles. That matters for investors, enterprise partnerships, and agencies building AI-powered services. The AI race now looks far more commercial and competitive.
Frequently Asked Questions
What is the FTC’s ANPRM for online food delivery services, and how does it affect advertisers?
The FTC’s ANPRM targets hidden fees, misleading pricing, and unclear checkout practices on food delivery platforms. This could reshape how brands promote offers and acquire customers through delivery apps.
What does Publicis acquiring LiveRamp mean for brands currently using LiveRamp’s data services?
The acquisition places LiveRamp’s identity and clean room infrastructure under Publicis ownership. It will push brands to reevaluate data partnerships and governance policies.
Will LiveRamp continue to operate as a neutral data partner after the Publicis acquisition?
Publicis says LiveRamp will maintain interoperability and neutrality, but many advertisers and agencies are now questioning how independent the platform can remain.
How is AI actually being used in media planning right now?
Agencies are mainly using AI to automate bidding, optimization, and workflow tasks while shifting human focus toward strategy and consumer planning.
What percentage of TV viewing does streaming account for in 2026?
Streaming accounted for 47.6% of all TV viewing in March 2026, according to Nielsen.
What did the 2026 TV upfronts reveal about where advertising budgets are heading?
The 2026 upfronts showed that advertisers are prioritizing streaming, live sports, fandom-driven engagement, and measurable performance outcomes.
Why did Elon Musk sue OpenAI, and what was the outcome?
Musk sued OpenAI over its shift toward a for-profit structure, but a California jury unanimously ruled against his claims because he filed them too late under state law.
A New Operating System
This week’s stories showed how quickly the advertising landscape is shifting. AI is changing how agencies build media plans. Streaming is pulling viewers away from traditional TV. Regulators are also increasing pressure on pricing transparency and platform accountability.
At the same time, data ownership and measurement control are becoming bigger competitive advantages. Media buyers and performance marketers now need stronger strategies around AI, streaming, identity infrastructure, and measurable outcomes.
