As the trial date in September approaches for the DOJ’s antitrust case concerning Google’s ad tech practices, both parties have put forth suggestions aimed at addressing the company’s dominance in digital advertising.
The DOJ and Google have shared a plan to rectify what they contend are monopolistic practices in the online advertising sector. This filing, made on Monday, followed Judge Leonie Brinkema’s ruling last month that found Google to have unlawfully dominated the online advertising distribution system.
The DOJ’s proposal outlines a three-phase structural solution intended to remove the advantages Google has accumulated through years of integration. Initially, Google would need to provide competing ad exchanges and servers with real-time access to ADX bidding data via Pre Bid. In the second phase, Google would have to open source the auction logic behind its DFP ad server. Lastly, the final phase would require Google to sell both DFP and ADX, placing them under the supervision of a trustee appointed by the court and seeking DOJ approval for the final buyer.
According to the DOJ’s plan, Google would also be prohibited from conducting advertising exchanges for a decade following the sale. The proposal mandates that Google allocate 50% of revenues from ADX and DFP into escrow until the sale is finalized, using these funds to aid the industry’s transition and assist publishers with switching costs.
The DOJ asserts that behavioral remedies, like establishing what Google can or cannot do, will not adequately address the company’s control. They emphasize Google’s historical tendency to exploit systems dependent on checks and balances, underscoring the necessity for structural relief rather than mere cosmetic changes.
On the other hand, Google’s proposal centers on granting competitors real-time access to ADX data through Open Web and Display Ads PREBID. Additionally, the company has committed to refraining from reintroducing advantages such as first look or last torque in open web auctions. While some critics view these concessions as insufficient for creating a level playing field, they believe they fail to tackle fundamental structural concerns.
Though it’s premature to determine the outcomes, the prospect of a division has gained traction. Judge Brinkema has shown interest in the proposal during hearings, even suggesting that the sale of ADX might enhance the situation. However, Google’s legal team contends that spinning off ADX is overly complex to manage successfully.
The relief phase of the Google Adtech trial will unfold over the following months with fact-finding and expert discoveries, followed by responses and expert reports. The trial is set to commence on September 22, 2025, marking a pivotal moment in the ongoing allegations of Google’s dominance in online advertising.
In parallel, Google is engaged in defending itself against issues stemming from the previous antitrust relief phase, notably concerning search monopolies. There’s an impending possibility that the company may have to separate its Chrome browser and cease massive payments to device manufacturers like Apple.
