ALEXANDRIA, Va., Sept. 3 — A federal judge has rejected the Department of Justice’s push to break up Google’s advertising technology business, a decision that spares the tech giant its most severe antitrust penalty even as it leaves the company facing a package of behavioral restrictions. The bottom line: U.S. District Judge Leonie Brinkema sided with Google on the core structural question, declining to force the divestiture of its ad exchange or the open-sourcing of its publisher auction logic.
The ruling lands in the remedies phase of the government’s monopoly case, which had already produced an April finding that Google’s conduct “substantially harmed” publisher customers, the competitive process and consumers of open-web information.
Judge Brinkema, a Bill Clinton appointee in the Eastern District of Virginia, issued a brief public order accepting most of the proposed behavioral remedies “as modified by this court.” Her reasoning, however, sits in a sealed memorandum that will remain under seal for 14 days, leaving the legal rationale for the split decision temporarily out of public view. The pressure on Google’s ad tech business is not limited to this courtroom.
Ad tech firm PubMatic sued Google in 2025 demanding over $1 billion in damages, contending the tech giant thwarted its success. Across the Atlantic, European regulators have hit Google with a $3.2 billion fine over accusations it abused its dominance in digital advertising technology.
The two sides now have 30 days to confer and file a jointly proposed final judgment reflecting the court’s decisions and modifications. The order anticipates the possibility of further briefings or oral arguments if the attorneys cannot resolve their remaining differences. Reactions split along predictable lines.
A DOJ spokesperson said the Antitrust Division is “pleased that the court ordered substantial relief” and is “evaluating appropriate next steps,” framing the outcome as a step toward restoring competition in online advertising markets. Lee-Anne Mulholland, Google’s vice president for regulatory affairs, struck a different note: “We’re very pleased the court rejected the DOJ’s proposal to break apart tools that help small businesses reach new customers and grow.” The fight is far from finished.
During final arguments late last year, Judge Brinkema observed that Google would likely appeal, which could push implementation of any order well down the road. The ad tech landscape itself is shifting, with artificial intelligence rising in prominence and rival firms pursuing damages in parallel venues.
Google also faces a separate antitrust conviction involving its search engine, where a federal judge likewise rejected the DOJ’s request to order divestment. Watch next for the joint filing due within the month — and for the unsealing of Judge Brinkema’s memorandum, which should clarify exactly which behavioral remedies survived her modifications.
