News · Rules & courts

US judge rejects breaking up Google's ad tech business, ordering conduct rules instead

The court refused to make Google sell its AdX ad exchange, which the Justice Department and states had sought after winning the case on liability. Most proposed behavioural remedies were accepted.

Catching up: the original came out on . This story was published later, when the site opened.

A US judge will not force Google to sell its AdX ad exchange

Grade 1 · Primary

Source: US District Court for the Eastern District of Virginia

What changed
A US federal judge rejected the government's request to make Google sell its AdX ad exchange, and accepted most proposed behavioural remedies.
Who it affects
Google's publisher ad server (DFP) and ad exchange (AdX), which the court had found to be unlawful monopolies in open-web display advertising.
What it does not tell you
The final rules: the parties have 30 days to propose a joint final judgment, and the government can still appeal.

The full story Check the source

A US federal judge rejected on 2 September the Justice Department's and states' proposals to break up Google's advertising technology business [1].

The order rejects the divestiture of AdX, Google's ad exchange; the open-sourcing of the final auction logic of DFP, its publisher ad server; and a contingent divestiture of the rest of DFP [1].

Instead, District Judge Leonie M. Brinkema accepted "most of the parties' proposed behavioral remedies, as modified by this Court" [1].

What it covers

Google's ad tech for open-web display advertising, the ads on third-party websites. The court had found in the liability phase that Google unlawfully monopolised the publisher ad server and ad exchange markets and tied the two together [1].

The judge ordered the parties to agree a single proposed final judgment within 30 days, listing any provisions still in dispute [1].

The reasons were in a memorandum opinion kept sealed for 14 days so the parties could ask for redactions [1].

What it does not tell you

What the conduct rules will require in detail. They were set out in the sealed opinion and are to be written into the final judgment [1].

Whether the government will appeal. The order does not say [1].

Sources and their grades

  1. US District Court for the Eastern District of Virginia, United States et al. v. Google LLC, No. 1:23-cv-108, Order (Dkt. 1857), 2 September 2026. Read 29 September 2026. Grade 1 · Primary Signed by District Judge Leonie M. Brinkema. The accompanying opinion was sealed until 16 September.

A grade says how much weight a source will take, from 1 (a body that can compel an answer and has nothing to sell) to 5 (somebody describing what they sell, or themselves). The standard sets out what each grade may be used for.

Filed under Advertising, Competition, Google

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