On September 2, 2025, in the United States, in the federal court in the District of Columbia, Judge Amit P. Mehta announced remedies following a high-profile ruling in which he found that Google had unlawfully maintained its dominance in the search market. But instead of "breaking up" the company, as some members of the public wanted, the court opted for more precise remedies. It ordered Google, among other things, to remove exclusivity clauses from agreements with device and browser manufacturers, to partially open up interfaces (APIs) and protocols that had previously been closed to competitors, and to ensure the transparency of its ranking algorithms. In other words, instead of splitting the company into parts, the court ordered it to loosen its grip – to allow others to enter the market, but not to take away its technological achievements. It was a decision that was more surgical than symbolic. Why? Because in the meantime, a new competitor had emerged: generative AI, which began to take over the functions of classic search engines. "The ruling concerns a world that no longer exists," economists commented.
A few months earlier, Judge Leonie Brinkema in a Virginia federal court ruled that Google had monopolized the display advertising market, and the European Commission imposed a €2.95 billion fine for similar abuses. Except that at the same time, the adtech industry was changing under the influence of new formats, AI, and distributed auction systems. By the time officials had settled the dispute, the reference point had shifted again.
This is the essence of the problem with antitrust law: the law lags behind. Regulators, regardless of their intentions, are chasing a market that changes before a ruling is made. And it's not just about Google. It's a universal mechanism of the digital age—the market invents itself faster than bureaucracy can understand it.
