I thought about this too. It's tough, because that specific banner is arguably a higher quality ad and user experience than a pure text link on branded search,

I thought about this too. It's tough, because that specific banner is arguably a higher quality ad and user experience than a pure text link on branded search, and it especially helps with competitors bidding on branded search. If they are careful about who and what gets access to this, I think they can get away with it. PLA's are arguably more banner ad like, and it's not like this is one of the old school flash banners.