A US Court Rules Google Can Keep Its Ad Exchange
A US court has ruled that Google will not have to sell its advertising exchange, despite a Department of Justice request in an antitrust case lost by Google in 2025. Judge Leonie Brinkema declined the divestiture remedy, while the European Commission, after fining Google €2.95B, stated that only partial divestment of its services would resolve conflicts of interest.
September 2, 2026 – 11:32 pm
Credit: Anthony Quintano
A federal judge has determined that Google need not sell its advertising exchange, leaving behavioral remedies as the primary outcome from three American antitrust cases. The European Commission, however, took a different stance, fining Google for self-preferencing across the adtech stack and advocating for structural changes through divestment.
A Different Perspective on Remedy
The Commission‘s preliminary position, as expressed by Teresa Ribera, suggested that Google propose measures eliminating conflicts of interest within the adtech industry, indicating a potential need for a structural remedy. Google‘s response was behavioral, offering publishers more control over pricing and interoperability between tools. The Commission is still reviewing this proposal.
Parallel Approaches to Antitrust
The situation highlights contrasting approaches to antitrust enforcement in different jurisdictions. While the US has largely left behavioral remedies in place, Europe has emphasized structural changes to address competitive concerns. Similar dynamics played out in the Play Store case, where Google retained control over app vetting despite losing to Epic.
Future Battles: Open Android
The next significant showdown is already taking shape as the Commission moves to open Android to rival AI assistants and search data, expanding on grounds established by recent American cases.