"During closing arguments, the judge repeatedly steered the discussion away from theory and toward hard practicalities, indicating that pragmatism, more than pure ideals, will (likely) drive the final outcome. This is because Brinkema's questions consistently pressed the DOJ on implementation timelines, commercial feasibility, and the (what many courtroom attendees perceived as) a lack of concrete detail in its structural remedy plan."
""Time is of the essence," she said at one point, citing the rapid pace of technological change in advertising and AI. Any remedy, she stressed, must be "concrete" and must account for the "commercial reality" of execution."
"While DOJ attorney Matthew Huppert reiterated the government's preference for a structural remedy - divesting AdX, open-sourcing auction logic, or potentially forcing a sale of GAM - he conceded DOJ was "not dogmatic about the details." But when pressed on specifics, including whether a structural remedy could be implemented during an inevitable appeal, the DOJ offered little. Judge Brinkema, noted that behavioral remedies "could go forward whether there is an appeal pending or not,." She added, "[Divestiture] is a dramatic change,... [it] would most likely not be as easily enforceable while an appeal was pending""
Judge Leonie Brinkema signaled skepticism toward a full divestiture of Google's ad exchange or ad server, emphasizing practicability and enforceability. She repeatedly pressed the DOJ on implementation timelines, commercial feasibility, and concrete operational details. She stressed that remedies must be concrete and account for commercial reality, noting technological and AI changes make time critical. DOJ preferred a structural remedy — divesting AdX, open-sourcing auction logic, or forcing a sale of GAM — but conceded flexibility on details and offered limited specifics about implementation during appeal. Brinkema observed behavioral remedies could proceed during appeals, while divestiture would be harder to enforce.
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