Google and the Justice Department had one last chance to present their case to Judge Leonie Brinkema on Friday before she decides whether Google needs to be broken up to reform its ad tech monopoly.
Brinkema hopes to make her decision next year, but understands that “timing is of the essence”. reuters Informed. While the DOJ wants the court to force Google to sell its AdX exchange, and leave open the option of forcing the sale of its publisher ad servers, Google argued that the only behavioral changes the court found were necessary to resolve issues with its business. Brinkema previously ruled that Google held an illegal monopoly in two ad tech markets and illegally bundled its two tools together.
She was well aware that Google would likely appeal the case, and noted the DOJ’s measures “will likely not be easily enforced while the appeal is pending.” reuters Informed. On the other hand, he said, behavioral changes can happen quickly, the new York Times Informed.
Timing was a key factor in another judge’s recent decision to rule against the government’s case accusing Meta of being an illegal monopolist. When the case was filed in 2020, TikTok was a much smaller rival than when the case was heard earlier this year. Of course, this is why the DOJ first filed the Google ad tech case in the Eastern District of Virginia – otherwise known as the “Rocket Docket.”