Google Ad-Tech Breakup: US Judge Questions Divestiture Speed, Says 'Time is of the Essence'

A federal judge weighing remedies in the US government’s landmark antitrust case against Google pressed prosecutors on Friday about how quickly a forced sale would take effect, saying “time is of the essence” as she considers whether to order the breakup of parts of Google’s advertising-technology business, Reuters reported.

Judge Leonie Brinkema, who found in April that Google holds illegal monopolies in key ad-tech markets, signalled scepticism that a structural remedy could be implemented quickly if Google chooses to appeal, a near certainty, she warned the court.

She also reportedly questioned whether behavioural remedies might be more immediately practical. The Department of Justice has asked the court to force the sale of Google’s ad exchange (AdX) and other sell-side assets to restore competition.

What DOJ Wants

In closing arguments the DOJ told the court that only a divestiture, including a sale of AdX and potentially the publisher ad server business, would “eradicate” Google’s anticompetitive grip on the market and deliver a “brighter, more competitive future for the open web,” according to court summaries.

Government lawyers argued that behavioral promises by Google would be insufficient given the scale and duration of the alleged harms.

Google’s counterargument

Google reportedly urged the judge to reject the breakup as extreme and disruptive, saying lawfully acquired market power is not unlawful on its own and that forcing a sale would be technically fraught and damaging to customers and publishers. Company lawyers warned that a divestiture would be difficult to implement and could take years to unwind, particularly if an appeal followed.

Brinkema repeatedly raised the prospect that an appeal would delay any structural relief for years, undermining the DOJ’s goal of returning competitive choice to publishers and advertisers. With the ad-tech landscape rapidly evolving, including AI-driven changes, the judge said she was mindful that remedies must be both effective and executable within a relevant timeframe. “Time is of the essence,” she told lawyers.

Background

In April the court found Google unlawfully maintained monopolies in the publisher ad-server and ad-exchange markets through tying and exclusionary conduct.

The ad-tech stack generates billions in quarterly revenue for Google and plays a central role in how online publishers sell advertising, so any remedy could reshape the economics of digital publishing and programmatic advertising.