Key Takeaways
- Judge questions timeline for Google ad-tech breakup, citing appeal delays
- DOJ seeks forced sale of AdX and publisher ad server to restore competition
- Google argues divestiture would be “extreme and disruptive”
- Court previously found Google maintained illegal monopolies in ad-tech markets
A US federal judge has raised serious concerns about how quickly Google’s advertising technology business could be broken up, warning that “time is of the essence” as she considers the landmark antitrust case. Judge Leonie Brinkema expressed skepticism that a structural remedy could be implemented promptly if Google appeals the decision, which the company is almost certain to do.
Judge’s Practical Concerns
During Friday’s hearing, Judge Brinkema pressed prosecutors about the implementation timeline for a forced sale of Google’s ad-tech assets. She questioned whether behavioral remedies might be more immediately practical than a full breakup. The judge noted that with the ad-tech landscape rapidly evolving, including AI-driven changes, any remedy must be both effective and executable within a relevant timeframe.
DOJ’s Demands for Structural Change
The Department of Justice has asked the court to force the sale of Google’s ad exchange (AdX) and other sell-side assets to restore competition. In closing arguments, government lawyers stated that only a divestiture would “eradicate” Google’s anticompetitive market grip and deliver a “brighter, more competitive future for the open web.” They argued that behavioral promises from Google would be insufficient given the scale and duration of the alleged harms.
Google’s Defense Against Breakup
Google has urged the judge to reject the breakup as “extreme and disruptive,” maintaining that lawfully acquired market power is not unlawful on its own. Company lawyers warned that a divestiture would be technically fraught and damaging to customers and publishers. They emphasized that implementing such a sale could take years to unwind, particularly if followed by appeals.
Legal Background and Implications
In April, the court found that Google unlawfully maintained monopolies in the publisher ad-server and ad-exchange markets through tying and exclusionary conduct. The ad-tech stack generates billions in quarterly revenue for Google and plays a central role in how online publishers sell advertising. Any court-ordered remedy could fundamentally reshape the economics of and programmatic advertising markets.
