Observed Signal · Oct 8, 2025 · Regulation · Source: AdExchanger · Impact: 3/5 · Sentiment: Negative
Judge Brinkema Stands Firm in Google Ad Tech Case
Federal Judge Leonie Brinkema is overseeing the DOJ v Google publisher ad tech antitrust case and has shown reluctance to select among proposed remedies, with closing arguments anticipated in mid-November if the parties do not settle. Google wants to appeal and favors behavioral changes, while the DOJ seeks structural changes including divestiture of the AdX publisher ad server. The case has sparked related lawsuits by SSPs including OpenX, PubMatic, and Magnite. Microsoft Invest is the preferred transition partner for the Amazon DSP, and Amazon’s SSP is granted 'preferred SSP' status in its Certified Supply Exchange. Mozilla will bring programmatic ads to the Firefox New Tab page, with inventory sourced via Index Exchange PMP deals.
Regulatory and platform-related developments in ad tech with major antitrust case and strategic partnerships.
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Key Takeaways & Evidence Grounding
- Judge Leonie Brinkema oversees the DOJ v Google publisher ad tech antitrust case and signals reluctance to pick among proposed remedies; closing arguments set for mid-November if no settlement.
- Google intends to appeal and favors behavioral changes, while the DOJ seeks structural changes including divestiture of the AdX publisher ad server.
- Microsoft Invest is the preferred transition partner for the Amazon DSP, and Amazon's SSP earns 'preferred SSP' status in the Certified Supply Exchange.
- Mozilla will bring programmatic ads to the Firefox New Tab page, with inventory sourced via Index Exchange PMP deals.
- California legislation will require streaming services to lower the volume cap on ad content.
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Judge Weighs Google's Ad Tech Future After Closing Arguments
Closing arguments in the DOJ v. Google ad tech antitrust trial have concluded, and Judge Leonie Brinkema will decide the fate of Google's sell-side ad tech business, AdX. The DOJ pressed for a structural remedy—divestiture of AdX—arguing that behavioral requirements would leave Google room to undermine the ruling, while Google contended that trust is at the core of the matter and that a full divestiture is unnecessary. Google's attorney, Karen Dunn, contrasted the DOJ's approach with the outcomes of the Google Search antitrust trial, suggesting a lighter, behavioral remedy could suffice. The judge voiced concerns about how quickly any remedies could take effect given rapid innovation in ad tech. A potential AdX buyer, such as Microsoft, was mentioned, though no ready acquirer was identified and a divestiture could trigger additional antitrust reviews. A decision is expected next year, with appeals likely.
DOJ and Google Clash Over AdTech Remedies Ahead of Verdict
The DOJ and Google have filed updated post-remedy briefs in the ongoing antitrust case over Google's ad tech stack, with the sides sharpening their positions ahead of closing arguments. Google argues that divesting its sell-side AdX would be time-consuming and unnecessary, proposing to integrate Prebid with AdX for open web display ads while allowing bypass for video/CTV/in-app formats and certain programmatic packaging; it also pledges to maintain performance and reduce latency and information loss. The DOJ counters with structural relief to restore competition, including potential divestiture of AdX and DFP and an escrow fund to collect a share of net profits from Google’s ad tech businesses to aid publishers. It also proposed opening the Ad server logic and warned of disruptions to small publishers. Judges Brinkema and Mehta have raised questions about the remedies’ practicality and impact on publishers, shaping the debate over remedies and enforcement.
Google and DOJ File Proposed Remedies in Ad Tech Case
Google and the Department of Justice have filed competing proposed final judgments in the ad tech antitrust case. The 41-page filing outlines remedies that include requiring Google to connect AdX to Prebid, accept bid requests from non-Google ad servers, and separate DFP and AdX contracts. Both sides agree on core remedies but dispute details such as implementation timelines, data access conditions, and the selection and powers of a compliance monitor. The DOJ seeks faster global implementation and stronger data rights, while Google asks for more time and weaker monitoring language. Judge Brinkema must now resolve the disputes before issuing a final order.
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