Google’s Ad-Tech Monopoly: Judge Questions Forced Sale in DOJ Case

TLDR

• Judge Brinkema signals a ruling on Google’s ad-tech monopoly case could come in 2026, amid concerns over the timing of a forced sale.
• The DOJ pushes for Google to divest its ad exchange technology, while Google proposes behavioral changes as an alternative solution.
• Judge Brinkema questions the feasibility of finding a buyer for Google’s ad exchange, noting potential challenges and delays.
• Antitrust expert Justin Teresi predicts the judge may favor behavioral remedies over a forced divestiture for Google’s ad-tech business.
• Earlier antitrust cases saw Google avoid a forced breakup, with the DOJ continuing efforts to curb the tech giant’s market dominance.

Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia recently heard closing arguments on proposed fixes for Google’s ad-tech monopoly. The judge indicated that her final decision could come in 2026. During the hearing, she raised concerns about the timing of the case and the feasibility of a mandatory sale of Google’s ad exchange.

The Department of Justice (DOJ) has accused Google of monopolizing the entire ad-tech system. Google runs an auction for ad space every time a web page loads, processing millions of requests per second. The government claims Google uses its dominance to increase its share of ad transactions. Judge Brinkema ruled in April that Google had monopolized tools for publishers but not for ad-buying tools used by advertisers.

Google Proposes Operational Fixes, Rejects Sale

Judge Brinkema expressed skepticism about a forced sale of Google’s ad exchange technology. She questioned whether any viable bidders were prepared to take on the purchase. “Time is of the essence. I am concerned about the timing of all this,” Brinkema said during the hearing. She emphasized that if Google were to challenge her ruling, the sale could be delayed.

The DOJ has urged the judge to require Google to divest its ad exchange technology. They argue that Google should also provide specific data, such as the code publishers use to sell ads. Google has proposed a narrower fix, suggesting operational adjustments to make the platform more competitive. This includes sharing auction data with publishers and improving compatibility with rival tools.

In contrast to the DOJ’s push for a divestiture, Google has suggested that behavioral changes could address the DOJ’s concerns about its monopoly. Google has offered to modify aspects of its operations but has opposed a forced sale of its ad-exchange business. Judge Brinkema is weighing both options and considering whether a breakup would be the most effective remedy.

Antitrust Expert Suggests Behavioral Remedies Over Forced Divestiture

Justin Teresi, an antitrust expert at Bloomberg Intelligence, believes that a forced divestiture of Google’s ad exchange is unlikely. He speculates that the judge may impose more behavioral remedies instead. This could involve enforcing stricter rules on how Google operates its ad-tech platform. Teresi’s assessment reflects the complexity of the case and the challenges associated with breaking up such a large tech company.

The DOJ’s request for a swift appeal if the judge rules in favor of a divestiture indicates the urgency of the case. The government argues that a sale could happen within 15 months, assuming the judge rules in its favor. However, Judge Brinkema is focused on whether this timeline is realistic and whether such a divestiture would truly resolve the monopoly issues.

Earlier in the year, Google faced another antitrust challenge related to its search engine. In that case, a court rejected calls to break up Google’s Chrome browser business. The court instead imposed data-sharing requirements and other modifications to its search practices. Despite setbacks in some of its antitrust cases, the DOJ continues its efforts to address concerns over Google’s dominance in multiple markets.

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