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Judge Signals Caution on Google Ad-Tech Breakup After Closing Arguments

The judge is prioritizing concrete, workable measures over abstract structural plans.

Overview

  • Closing arguments ended Nov. 21, and Judge Leonie Brinkema has taken the remedies dispute under advisement with a ruling expected next year, with many observers pointing to 2026.
  • She questioned the DOJ on timelines, buyer plausibility and enforceability during likely appeals, noting behavioral orders could proceed while a divestiture would be difficult to enforce pending appeal.
  • The DOJ is pushing structural relief such as divesting AdX or possibly DFP, open‑sourcing auction logic, and bans on self‑preferencing, citing evidence that Google channels most open‑web demand and often faces no rival bidders in AdX auctions.
  • Google proposes behavioral and interoperability commitments instead, calling a breakup unworkable and technically risky, with expert testimony warning there is no guaranteed success and with plans to expand Prebid integrations and contracting flexibility.
  • In Europe, regulators have fined Google €2.95 billion for self‑preferencing and signaled they may pursue structural separation if commitments prove inadequate.