Judge Leonie Brinkema found Google illegally monopolized the publisher ad server and ad exchange markets, then on September 2, 2026 rejected the DOJ’s demand to divest AdX in favor of behavioral remedies. A joint proposed final judgment is due by October 2 and Google has said it will appeal the liability ruling.
LATEST DEVELOPMENT · SEP 16, 2026
On September 16, 2026, the court unsealed Judge Brinkema’s full 106-page remedies opinion. It requires Google to build API integrations connecting AdX and DFP to Prebid, submit AdX bids to rival publisher ad servers on the same terms as DFP, provide publishers data portability, and operate under a compliance monitor and technical committee for six years. Google has roughly 12 to 15 months to implement the interoperability measures, and the parties still must submit a jointly proposed final judgment.
BACKGROUND
The DOJ and a coalition of states sued in January 2023 over Google’s dominance of the ‘ad tech stack’, the publisher ad server (DFP), the ad exchange (AdX) and advertiser buying tools that sit between websites and advertisers. After a three-week bench trial in September 2024 on the Eastern District of Virginia’s ‘rocket docket,’ Judge Leonie Brinkema ruled on April 17, 2025 that Google willfully monopolized the open-web publisher ad server and ad exchange markets and unlawfully tied DFP to AdX, while rejecting the government’s separate advertiser ad network market.
The remedies trial ran from September 22, 2025 through closing arguments on November 21, 2025. The government seeks divestiture of AdX backed by open-sourcing of auction logic and, if needed, a DFP phase-out. Google offers behavioral commitments such as Prebid interoperability and separate contracting for DFP and AdX. At closings, Judge Brinkema pressed the DOJ on the ‘commercial reality’ of a forced sale, no buyer has been identified, and any large acquirer would face its own antitrust review, and called for a concrete, workable order. On September 2, 2026, Judge Brinkema rejected all three structural remedies and adopted most of the parties’ proposed behavioral remedies as modified; the memorandum opinion is sealed pending redactions due September 16, and the parties must file a jointly proposed final judgment within 30 days. Google has said it will appeal the liability ruling.
TIMELINE
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SEP 16, 2026JUDGMENTFull remedies opinion unsealed detailing behavioral remediesJudge Brinkema’s 106-page remedies opinion was unsealed unredacted, requiring Google to build API integrations connecting AdX and DFP to Prebid, submit AdX bids to rival ad servers on the same terms as DFP, provide data portability to publishers, and submit to a compliance monitor and technical committee for six years. Google has about 12 to 15 months to implement the interoperability requirements.
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SEP 2, 2026PROCEDURALCourt orders joint proposed final judgment within 30 daysJudge Brinkema ordered the DOJ and Google to jointly file a proposed final judgment specifying implementation of the behavioral remedies within 30 days, by approximately October 2, 2026.
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SEP 2, 2026JUDGMENTBrinkema rejects structural remedies, orders behavioral remediesJudge Brinkema rejected the DOJ’s proposed structural remedies (AdX divestiture, open-sourcing of DFP’s final auction logic, and contingent divestiture of DFP Remainder), and instead accepted most of the parties’ proposed behavioral remedies as modified by the court. The full memorandum opinion was filed under seal, with redaction motions due September 16, 2026.
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NOV 21, 2025HEARINGClosing arguments. Brinkema skeptical of forced AdX saleThe judge questions the absence of an identified buyer and the workability of structural relief, signaling a decision ‘maybe next year’. Ruling pending since.
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SEP 22, 2025HEARINGRemedies trial beginsThe DOJ presses for AdX divestiture and open-sourced auction logic. Google offers behavioral remedies including Prebid interoperability.
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APR 17, 2025JUDGMENTGoogle held liable for ad tech monopolizationThe court finds willful monopolization of the publisher ad server and ad exchange markets and unlawful DFP–AdX tying. The advertiser ad network claim fails.
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SEP 9, 2024HEARINGLiability bench trial in AlexandriaA three-week trial (September 9–27, 2024) before Judge Brinkema, with closing arguments on November 25, 2024.
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JAN 24, 2023FILINGDOJ and states sue over Google’s ad tech stackThe complaint targets Google’s control of the publisher ad server, ad exchange and buy-side tools, seeking structural relief.