Google has been found guilty of antitrust violations in the publisher ad server and ad exchange markets, marking the second time the tech giant has been ruled a monopolist within a year. Google is expected to appeal the verdict, and the split nature of the decision means a forced breakup action is unlikely.
Digiday reports that in a landmark ruling, Judge Leonie Brinkema found Google guilty of illegally monopolizing both the publisher ad server and ad exchange markets, as well as unlawfully tying those two services together, violating Sections 1 and 2 of the Sherman Act. This decision comes on the heels of a separate antitrust case that Google also lost, with the Department of Justice (DOJ) pushing for the forced sale of its dominant web browser, Chrome.
The court dismissed claims that Google monopolized the advertiser ad network market, concluding that the DOJ failed to define a clear market in that space. With liability established, the proceedings now move into the remedies phase, where the DOJ is expected to push for structural relief, including the divestiture of Google’s sell-side ad tech business, which includes DFP and AdX.
Digital Content Next CEO Jason Kint reaffirmed the rulings made in the earlier search antitrust case, stating that the decision “underscores the global harm caused by Google’s practices, which have deprived premium publishers worldwide of critical revenue, undermining their ability to sustain high-quality journalism and entertainment.”
Google is expected to appeal the ruling, arguing that the decision misinterprets both the facts of the case and long-standing Supreme Court precedent on antitrust law. The company’s legal team welcomed the dismissal of advertiser-side claims, believing it strengthens grounds for appeal and undermines the case for structural remedies like divestiture.
Industry experts have mixed opinions on the effectiveness of a forced breakup, with some believing that Google’s ad tech infrastructure is too deeply interwoven into the media buying process for a divestiture to be realistic without causing significant disruption. Others, like Scott Messer, principal and founder of Messer Media, believe that Google may focus on protecting its search products from the threat of AI and let the ad tech ruling stand.
Advertisers and publishers heavily rely on Google’s end-to-end tools, and any break-up could introduce instability for advertisers in the short term. Some experts suggest that the court could insist upon interoperability with third-party ad tech, such as forcing AdX demand to be available in Prebid, to address concerns over Google’s market domination.
There are also growing concerns that the DOJ’s approach may already be outpaced by the current dynamics of the industry, with the rapid rise of AI-driven ad tools, the emergence of retail media networks, and shifting data privacy laws reshaping the competitive landscape in real-time.
Read more at Digiday here.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
