The Illusion of Accountability: Google's Ad-Tech Victory

AI-generated image · Bay Street Wire
Despite losing three major antitrust battles, Google emerges unscathed as courts refuse to dismantle the company's systemic monopolies.
OPINION: The recent ruling by a US federal judge regarding Google's advertising exchange is more than just a legal technicality; it is a confirmation that our current antitrust framework is toothless against Big Tech's systemic dominance.
As first reported by Ars Technica, a US federal judge has ruled that Google will not be forced to sell its online advertising exchange, formerly known as AdX. This decision comes after the US Department of Justice (DOJ) and a coalition of states successfully proved in 2025 that Google acted illegally by leveraging its market power in online display ads to stifle competitors. Government lawyers specifically argued that Google "rigged" ad auctions to secure an unfair advantage. While the court agreed that Google illegally locked publishers into its exchange, it stopped short of finding the company broke the law regarding advertiser tools.
For the DOJ, the goal was clear: divestiture. The agency argued that forcing the sale of the ad exchange—the critical link between buyers and sellers—was the only effective way to level the playing field. Instead, the court opted for a path of minimal impact. While Judge Leonie Brinkema has sealed the final order for 14 days to allow for redactions, the core result is already evident. Google avoids the structural breakup that would have sent a powerful message to other tech giants currently fighting off antitrust challenges.
This outcome is not an isolated failure, but a pattern. Ars Technica notes that this is the third of three major antitrust cases to conclude, and in each instance, Google has emerged largely unscathed. In a separate search-focused case brought by the DOJ, the government failed to convince a judge to force the sale of the Chrome browser. Google was instead ordered to stop requiring partners to distribute Google apps on mobile devices and to share search data with rivals.
Similarly, in a case brought by Epic Games, Google was found to have used its control over Android and the Play Store to suppress alternative app stores. While Google was forced to permit third-party app stores and lower Play Store fees, it maintained control over app vetting and the remedies remained limited to the US.
When viewed in totality, these rulings represent a slap on the wrist. The DOJ and Epic Games may have won the legal arguments, but they lost the war of remedies. By refusing to mandate breakups, the courts have ensured that Google's market power remains virtually unchanged. This failure of accountability doesn't just preserve the status quo; it clears the path for Google to pursue new monopolies in the field of AI without any meaningful deterrent from the current DOJ.

