Lesson 3 of 4 · 10 min read · advanced
The Google ad tech case, explained
How the US government proved Google illegally monopolized key ad tech markets, what the 2026 remedies ruling ordered, and how the EU’s €2.95B fine fits in.
For more than a decade, Google has owned the most widely used tools on both sides of display advertising: the publisher ad server most big websites use, the biggest ad exchange, and major buying tools for advertisers. In 2025 a US federal court ruled that Google had broken antitrust law in how it ran that stack, and in 2026 the same court decided what Google must change. This is the most important competition case the open web has seen.
Imagine one company owns the auction house, represents most of the sellers, and also sends in many of the bidders. Even if each part works well, it can quietly give its own bidders a peek at rival bids or make sellers use its auction house to reach its bidders. That is the heart of the complaint.
The three pieces of Google’s stack
| Tool | Role | Plain English |
|---|---|---|
| DFP (DoubleClick for Publishers), now in Google Ad Manager | Publisher ad server | The software a website uses to decide which ad fills each slot |
| AdX, now in Google Ad Manager | Ad exchange | The marketplace where the auction happens |
| Google Ads and DV360 | Buying tools | Where advertisers set budgets and bids |
Timeline
- January 2023: the lawsuitThe US Department of Justice, joined by a group of states, sued Google in the Eastern District of Virginia, alleging it monopolized ad tech markets. This is United States v. Google.
- September 2024: the liability trialA three-week bench trial before Judge Leonie Brinkema, with no jury.
- 17 April 2025: liability rulingThe court found Google had unlawfully monopolized the markets for publisher ad servers and for ad exchanges for open-web display advertising, and had unlawfully tied DFP and AdX together. It rejected the government’s claim that Google monopolized a market for advertiser ad networks.
- September 2025: remedies trialThe government asked the court to force Google to sell AdX and to open up DFP’s auction logic, potentially followed by a sale of DFP. Google proposed behavioural changes instead.
- September 2026: remedies decisionJudge Brinkema rejected a forced sale of AdX and ordered a package of behavioural remedies, described below. The full opinion was unsealed on 16 September 2026.
What the remedies ruling ordered
According to reporting on the unsealed opinion by AdExchanger, the court chose behavioural rules rather than a break-up. The main points reported were:
- No divestiture of AdX: the structural remedy the government wanted was rejected.
- Prebid integration: Google must build ways for AdX and DFP to work with Prebid, the open-source header bidding system.
- Equal access for rival ad servers: AdX must send real-time bids to competing publisher ad servers on the same terms as to DFP.
- Ending self-preference: “first look” and “last look” advantages are prohibited, Unified Pricing Rules are to be deprecated so publishers can set different floors per bidder, and Google Ads may not bid directly into DFP in a way that favours Google’s own tools.
- A technical monitor for six years, with access to Google’s systems, shorter than the 15 years the government requested.
- Not ordered: open-sourcing DFP’s auction logic, and restrictions on DV360.
The European case
On 5 September 2025 the European Commission fined Google €2.95 billion for abusing its dominance in ad tech. The Commission found Google favoured its own exchange AdX both through its publisher ad server DFP, for example by telling AdX in advance about the value of competing bids, and through its buying tools Google Ads and DV360. It ordered Google to stop these practices and to propose, within 60 days, how it would end the conflicts of interest across the chain. The Commission said that only divestiture of part of the business might fully resolve them, but left the first proposal to Google. Google said it would appeal. Read the summary from the Law Society Gazette.
United States (DOJ + states)
- Court case under the Sherman Act
- Liability found April 2025
- Remedies: behavioural rules, Prebid integration, six-year monitor; no AdX sale
- Final judgment and appeals pending as of late September 2026
European Union (Commission)
- Administrative decision under EU competition law
- €2.95B fine, September 2025
- Ordered an end to self-preferencing and a plan for conflicts of interest
- Google announced an appeal
Why it matters beyond Google
Other competition authorities, including Canada’s Competition Bureau and the UK’s Competition and Markets Authority, have also challenged Google’s ad tech conduct. The practical effects for the industry are likely to be more open auctions, more room for independent SSPs and ad servers, and more pressure on any company that owns both sides of a marketplace. The case also turned technical details that most people never see, such as auction timing and floor rules, into questions of law. That is a lesson for all of antitrust in ad tech in ad tech: small design choices in an auction can decide who wins a market.
Key takeaways
- The DOJ and states sued in January 2023; on 17 April 2025 the court found Google monopolized publisher ad servers and ad exchanges and unlawfully tied DFP and AdX.
- The court rejected the claim that Google monopolized an advertiser ad network market.
- In September 2026 Judge Brinkema declined to order an AdX sale and imposed behavioural remedies and a six-year monitor; final judgment and appeals were pending.
- The European Commission separately fined Google €2.95 billion in September 2025 for self-preferencing in ad tech.
Questions people ask
What did the court decide in the Google ad tech case?
On 17 April 2025, Judge Leonie Brinkema ruled that Google illegally monopolized the markets for publisher ad servers and ad exchanges for open-web display advertising, and unlawfully tied its DFP ad server to its AdX exchange. She rejected the government’s separate claim about an advertiser ad network market. A later remedies ruling in September 2026 set out what Google must change.
Will Google have to sell AdX?
Not under the September 2026 remedies ruling. Judge Brinkema rejected the Justice Department’s request to force a sale of AdX and instead ordered behavioural remedies, reportedly including Prebid integration, equal bid access for rival ad servers, limits on self-preferencing and a six-year technical monitor. A final judgment was still being drafted at the end of September 2026 and appeals were expected.
Why did the EU fine Google €2.95 billion?
On 5 September 2025 the European Commission found Google abused its dominant position by favouring its own ad exchange, AdX. It said DFP gave AdX an advance view of competing bids and that Google Ads and DV360 steered demand toward AdX. The Commission ordered Google to end these practices and propose remedies for its conflicts of interest. Google said it would appeal.