Why Google's Ad Tech Shakeup Remains Elusive
In a pivotal recent ruling, Judge Leonie Brinkema has chosen not to force Google into divesting parts of its advertising business despite a previous liability finding. This decision effectively leaves the European Commission as the lone regulatory body still advocating for a breakup. Just over a year following the €2.95 billion fine imposed on Google for monopolizing digital advertising, it seems the anticipated divestiture is fading from the realm of possibility.
What This Ruling Means for the Future of Digital Advertising
This ruling has major implications, not just for Google but for the global digital advertising landscape. With the complexity of Google's operations—where buying, selling, and exchange processes exist as a single system—implementing a structural remedy in the EU becomes a challenge. As Anthony Whelan from the Commission has pointed out, these remedies are often politically fraught and technically difficult, particularly given that Google operates on a transatlantic scale.
Shifting Focus: From Structural Remedies to Conduct Rules
Interestingly, many plaintiffs have expressed disillusionment with the divestiture route. According to Tim Cowen of Preiskel & Co, there is a growing sentiment that changing ownership may not vonfer as significant an impact as previously thought, with the key issue now focusing on non-discrimination and operational conduct rather than structural changes.
The Cost of Delayed Action
While the European Commission continues to assess Google's compliance plan submitted in November 2025, stakeholders are left grappling with the financial implications of inaction. Estimates suggest Google is generating approximately €288 million a day within the EU, highlighting the urgent need for resolution. The longer these decisions take, the more significant the financial toll becomes for those reliant on fair competition in the ad tech space.
What Lies Ahead for Regulators and Complainants
As constituencies turn their focus from the potential for divestiture to establishing stricter conduct rules, it will be crucial for regulators and plaintiffs to align their strategies in securing a fairer marketplace. Understanding the nuances of these regulatory measures will determine how effective they will be in creating a balanced digital advertising environment in the future.
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