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Industry · 2 min read3 September 2026

The Court Called Google's Ad Tech a Monopoly Then Left the Machine Running

A US court found Google's ad tech an illegal monopoly then declined to break it up, opting for behavioural remedies. For Australian advertisers and publishers the pipes and fees stay the same, and the ACCC is now the more relevant lever.

2 min read

The Take: A US court found Google ran an illegal ad tech monopoly, then declined to break it up. For Australian advertisers and publishers that means the pipes stay the same, the fees stay the same and the only real pressure on Google's stack now sits with regulators, not the courtroom in Virginia.

The ruling: Judge Leonie Brinkema ruled that Google will not have to sell its AdX exchange or its DoubleClick for Publishers ad server, the two products a court had already found it illegally tied together. The Department of Justice wanted a divestiture. It got behavioural remedies instead, most of them still under seal for 14 days.

The remedy that stays: Google must make its tools work with rivals, but it keeps the machine that routes open-web display demand through its own exchange. That exchange has long charged around a 20% fee on the trades passing through it, a cut the court found its market power let it protect. An interoperability order does not refund that. It asks the company that won every round to referee the next one, and history says that referee is slow.

90%

Google's grip on the publisher ad server market that sat at the centre of the DOJ case

The Australian read: Australian advertisers and publishers still buy and sell open-web display through the same Google-owned pipes, so the ruling changes your invoice by nothing today. The live lever here is the ACCC, which has spent years on digital platform and ad tech inquiries and has floated mandatory codes for the sector. The ACCC has already shown it will regulate where competition law alone moves too slowly, and ad tech fees are squarely in that frame. If your rate ever moves, it is more likely to come from Canberra than from Alexandria.

For Australian operators: Do not wait on a remedy to fix your media economics. Pull a report on how much of your open-web display budget disappears into exchange and server fees before it reaches a publisher, then move money toward paths where that take is visible. Get fee disclosure from your DSP and SSP in writing. Treat the ACCC timeline, not a US appeal, as the thing that might actually change your cost.

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Filip Ivanković
The Debrief / From Filip Ivanković
One every morning. Six months in, you'll see the patterns most don't.
Strategy, benchmarks, and what's actually moving in Australian marketing. Four-minute read. The reps compound.
Filip Ivanković·Founder, New RebellionAboutLinkedIn