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Previously, the U.S. Department of Justice accused Google of using its advertising technology to distort market competition. Although the court initially found the evidence insufficient, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia has now ruled that Google has indeed engaged in unlawful conduct that constitutes market monopoly.
Judge Brinkema noted that in its pursuit of maintaining technological dominance in online advertising, Google not only undermined fair competition among its rivals but also skewed opportunities for its partners by prioritizing the exposure of their advertisements across more platforms. As a result, consumers were left with fewer chances to view relevant advertising content through online channels.
The Justice Department first brought charges against Google in January 2023, having previously determined that the company’s services violated antitrust laws and called for the separation of its Chrome browser business. In the matter of Google’s dominance in the digital advertising sector, the court initially held that the DOJ would need to present testimony from advertising businesses demonstrably harmed by Google’s conduct. However, the court ultimately accepted the DOJ’s assertion that Google commands an overwhelming 87% share of the ad tech market—an advantage it allegedly exploited to compel advertisers to adopt its software solutions, leaving both advertisers and content platforms with virtually no alternative for ad distribution.
With this ruling affirming that Google’s advertising practices constitute monopolistic behavior, the DOJ is now expected to press the court to order the divestiture of Google’s advertising technology business. Nonetheless, the final outcome will hinge on the court’s definitive ruling.
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