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DOJ seeks forced sale of Google ad tech unit

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Judge questions how appeal will affect timing

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Google calls breakup extreme

(Updates headline, lead, adds dateline, adds detail from the

hearing throughout)

By Jody Godoy

ALEXANDRIA, Virginia, Nov 21 (Reuters) -

The U.S. judge considering whether to order a breakup of

Google's advertising technology business asked the Department of

Justice on Friday how quickly such a remedy would take effect,

saying, "time is of the essence."

Google has so far come away largely unscathed from a bipartisan

government legal crackdown on the dominance of Big Tech - a push

that began during the first term of President Donald Trump.

But that could change, depending on what U.S. District Court

Judge Leonie Brinkema in Alexandria, Virginia, decides in the

DOJ's case over Google's ad tech.

At closing arguments in the case on Friday, the judge

brought up the fact that Google will seek to appeal the case, a

move that would likely push any forced sale years down the road.

"The kind of request you are making most likely would not be

as easily enforceable while an appeal is pending," the judge

said.

Brinkema ruled in April that Google holds two illegal ad tech

monopolies, and is now considering what the company must do to

restore competition.

Google is "in an impossible situation" and very likely to

appeal that ruling, Brinkema said, given the fact that

publishers and rival ad tech companies are relying on the ruling

to seek damages in several new lawsuits.

The DOJ and a coalition of states have asked the judge to

make Google sell its ad exchange, AdX, where online publishers

pay Google a 20% fee to sell ads in auctions that happen

instantly when users load websites.

DOJ attorney Matthew Huppert argued on Friday that nothing

short of a forced sale would bring a "brighter, more competitive

future for the open web."

The court's remedy "needs to eradicate Google's illegally

acquired monopolies root and branch," he said.

Google's attorney Karen Dunn argued a forced sale would be too

extreme a measure.

"Lawfully acquired monopoly power is the foundation of the

American economy," she said, citing a 2004 Supreme Court ruling.

A breakup would be technically difficult, resulting in a long

and painful transition that would hurt customers, Dunn argued.

The closing arguments on Friday mark the end of evidentiary

hearings in Google's years-long battle with the DOJ over its

dominance in online advertising and search. Next, Google has

said it will file appeals.

The U.S. still has antitrust cases pending against Meta

Platforms ( META ), Amazon ( AMZN ) and Apple ( AAPL ).