As the September trial date approaches for the next phase of the DOJ’s antitrust case against Google’s ad tech practices, both sides have outlined their proposed remedies to address the tech giant’s monopoly over digital advertising.
Digiday reports that the DOJ and Google have put forth their proposals for remedying the company’s alleged monopolistic practices in the online advertising industry. The filings, submitted on Monday, come after U.S. Judge Leonie Brinkema ruled last month that Google had unlawfully monopolized the systems powering online ad distribution.
The DOJ’s proposal involves a three-phase structural remedy aimed at stripping Google of the advantages it gained through years of consolidation. The first phase would force Google to provide competing ad exchanges and servers with real-time access to its AdX bidding data through Prebid. The second phase would require Google to open-source its auction logic, the brains behind its DFP ad server. The third and final phase would involve the complete divestiture of both DFP and AdX, placing them under the supervision of a court-appointed trustee and requiring DOJ approval of the eventual buyers.
Under the DOJ’s plan, Google would be prohibited from running an ad exchange for a decade following the divestiture. The proposal also calls for Google to place 50 percent of net revenues from AdX and DFP into escrow until the divestitures are complete, with potential uses including supporting the industry’s transition efforts or helping publishers cover switching costs.
The DOJ argues that behavioral remedies, such as a list of what Google can and cannot do, will not be sufficient to address the company’s dominance. The agency points to Google’s track record of gaming systems that rely on checks and balances, emphasizing the need for structural remedies rather than surface-level fixes.
In contrast, Google’s proposal focuses on providing competitors with real-time access to AdX data via Prebid and scrapping its Unified Pricing Rules (UPR) for open web and display ads. The company also offered to commit to never reintroducing its first-look or last-look advantages in open web auctions. However, critics argue that these concessions fall short of truly leveling the playing field and do not address the core structural issues.
While it is too early to predict the outcome of the remedy phase, the possibility of a breakup is no longer a fringe scenario. Judge Brinkema expressed interest in the proposal during the hearing, raising the idea that Google divesting AdX could help remedy the situation. However, Google’s lawyers argue that a spin-out is too complex and unfeasible.
The remedies phase of the DOJ–Google adtech trial will unfold over the next several months, with factual and expert discovery, followed by several rounds of responses, expert reports, and reply briefs. The trial is set to commence on September 22, 2025, marking a significant milestone in the ongoing battle over Google’s alleged monopoly in the online advertising industry.
Meanwhile, Google is currently busy defending its empire from the remedy phase of a previous antitrust case focused on its search monopoly. The company faces the possibility of being forced to spin off its Chrome browser and end massive payments to device makers like Apple as a result of that trial.
Read more at Digiday here.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
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