Judge Rejects Google Ad Tech Breakup, Imposes Behavioral Remedies
Judge Brinkema ruled that behavioral remedies suffice to address Google's ad tech monopoly without divestiture.
Why it matters: The ruling signals a judicial preference for regulatory oversight over structural breakups in complex digital markets, impacting future antitrust strategies in tech.
- Judge Brinkema rejected DOJ’s request to divest Google’s AdX exchange and open-source DFP auction logic on Sept. 2, 2026.
- The court accepted most behavioral remedies proposed by the parties, modified by the judge.
- In April 2025, Brinkema found Google illegally monopolized publisher ad server and ad exchange markets.
- The DOJ sought structural remedies, but the judge favored behavioral oversight instead.
On September 2, 2026, U.S. District Judge Leonie Brinkema ruled against the Department of Justice's push to structurally break up Google’s ad tech empire by divesting its AdX ad exchange and open-sourcing the final auction logic of its DoubleClick for Publishers (DFP) platform. Instead, Brinkema accepted behavioral remedies proposed by the parties, as modified by the court, aiming to restore competition without dismantling Google’s technology stack.
This ruling follows Brinkema’s April 2025 finding that Google had illegally monopolized the publisher ad server and ad exchange markets, which handle enormous transaction volumes including 55 million requests per second through AdX. The DOJ had argued structural interventions were necessary for effective competition, while Google suggested behavioral fixes like sharing real-time bid data with rival publisher ad servers.
Though the full memorandum opinion outlining the remedies is currently sealed, it is expected to be unsealed after a 14-day review period for redactions. Observers see this decision as reflective of courts’ growing preference for regulatory oversight and behavioral remedies rather than breakups in complex, data-driven markets.
Lee-Anne Mulholland, Google’s VP of Regulatory Affairs, praised the ruling, saying it protects tools that help small businesses grow. Conversely, Sacha Haworth of the Tech Oversight Project criticized the decision as sending the wrong message after an illegal monopoly was found.
The lawsuit itself began in January 2023, with the remedies phase stretching from September 2025 to the current ruling. Alphabet’s $4.11 trillion market value underscores the scale of this antitrust case. The impact of the remedies on market competition remains to be seen, and Google’s potential appeal of the liability ruling could influence future developments.
By the numbers:
- 55 million requests per second — volume handled by Google's AdX exchange
- $4.11 trillion — Alphabet's market value at time of ruling
- January 2023 — DOJ filed the antitrust lawsuit against Google
Yes, but: Specifics of the behavioral remedies remain sealed, making it unclear how effective they will be in fostering competition.
What's next: The sealed remedies memo will be unsealed after a 14-day review, and Google may appeal the liability ruling, potentially affecting remedy enforcement.