US Judge Presses for Swift Action on Google’s Advertising Tech Monopolies

The US judge considering whether to order a breakup of Google’s advertising technology business has asked the Department of Justice (DoJ) how quickly such a remedy could take effect, stressing that “time is of the essence”.

 

Google has so far emerged largely unscathed from a bipartisan government crackdown on Big Tech dominance -- an effort that began during the first term of President Donald Trump.

 

However, that may change depending on the decision of US District Court Judge Leonie Brinkema in Alexandria, Virginia, in the DoJ’s case against Google’s ad tech operations.

 

During closing arguments on Friday, the judge noted that Google would seek to appeal, a move that would likely delay any forced sale for years. “The kind of request you are making most likely would not be easily enforceable while an appeal is pending,” she said.

 

Judge Brinkema ruled in April that Google holds two illegal ad tech monopolies and is now weighing what measures are required to restore competition. She said Google was “in an impossible situation” and highly likely to appeal, given that publishers and rival ad tech firms are relying on the ruling to seek damages in several new lawsuits.

 

The DoJ and a coalition of states have asked the court to order Google to sell its ad exchange, AdX, where online publishers pay a 20% fee to sell ads in auctions that occur instantly when users load web pages.

 

DoJ lawyer Matthew Huppert argued that only a forced sale would deliver “a brighter, more competitive future for the open web”. The court’s remedy, he said, “needs to eradicate Google’s illegally acquired monopolies root and branch”.

 

Google’s counsel, Karen Dunn, countered that a forced sale would be an excessively harsh step. She stated that “lawfully acquired monopoly power is the foundation of the American economy”, citing a 2004 Supreme Court ruling. She further argued that breaking up the business would be technically complex, leading to a prolonged and difficult transition that would harm customers.

 

Friday’s closing arguments concluded the evidentiary phase of Google’s years-long battle with the DoJ over its dominance in online advertising and search. Google has indicated that it will next file appeals.

 

The US still has pending antitrust cases against Amazon and Apple. A judge recently rejected the Federal Trade Commission’s attempt to force Meta Platforms to divest Instagram and WhatsApp, and the agency has not yet announced whether it will appeal.

 

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