Judge spares Google ad tech from breakup, opts for behavioral fixes

Key points

• Judge Brinkema declined to order the sale of Google's AdX, where publishers pay a 20% fee for instant ad auctions, accepting most proposed behavioral remedies instead.
• The DOJ and 17 states sued Google in 2023 over its dominance in online ad tech; in April 2025, Brinkema ruled Google held illegal monopolies in ad server and exchange markets.
• Google argued a forced sale would be technically difficult and harm customers, while the DOJ claimed Google could not be trusted to run AdX fairly.
• This is the third consecutive US court rejection of a Big Tech breakup, following failed attempts to force Meta to sell Instagram/WhatsApp and Google to sell Chrome.
• Brinkema filed her opinion under seal for 14 days, with parties given 30 days to submit a joint final judgment; Google's shares rose 0.6% post-ruling.

Background

In April 2025, Judge Brinkema ruled that Google held illegal monopolies in online ad server and exchange markets, finding it unlawfully locked publishers into using AdX. The DOJ and 17 states had sued Google in 2023 over its dominance in ad tech. This ruling follows a pattern of US courts rejecting structural remedies for Big Tech, including a 2025 rejection of the FTC's bid to force Meta to sell Instagram and WhatsApp, and a separate ruling blocking the DOJ from forcing Google to sell Chrome due to rising AI competition.

How outlets are covering it

The Guardian and Al Jazeera emphasized the ruling as a symbolic victory for Google and a setback for US antitrust efforts, noting it is the third consecutive failed breakup bid. Axios highlighted the financial stakes, noting the ad business accounted for roughly 12% of Alphabet's revenue at the time, and contrasted the US leniency with Europe's over $10 billion in antitrust fines against Google. The Washington Post framed the decision as another reprieve for Google despite courts finding it holds monopolies. Google's VP Lee-Anne Mulholland welcomed the decision, stating it protects tools for small businesses, while the DOJ expressed satisfaction with 'substantial relief' and said it is evaluating next steps. The Tech Oversight Project's Sacha Haworth argued courts alone cannot check Big Tech power, advocating for legislative action.

Why it matters

The ruling preserves Google's control over a significant portion of the $1 trillion global advertising economy, avoiding a disruptive transition for publishers and advertisers. It signals a judicial reluctance to impose structural remedies on Big Tech, potentially influencing future antitrust cases against Amazon and Apple, which are set to go to trial in 2027. The decision also highlights the divergence between US and EU antitrust approaches, with Europe imposing heavier fines on Google for similar ad tech practices.

What to watch

Google and the DOJ have 30 days to submit a joint proposed final judgment detailing the behavioral remedies. Google has indicated it will appeal the underlying April 2025 liability ruling. The DOJ is evaluating 'appropriate next steps' after the ruling. Antitrust cases against Amazon and Apple are expected to go to trial no earlier than 2027.