The court acknowledges AI search comes with consequences, but it’s not an antitrust issue.
In a setback for publishers worried about the effects of AI search, a US federal judge has dismissed lawsuits filed by Chegg and Penske Media against Google. The companies accused Google of antitrust violations in products like AI overviews, which have led to decreasing traffic at numerous sites. However, US District Judge Amit Mehta has ruled that Google’s conduct is not illegal under antitrust law.
The lawsuits were filed in 2025, and Google requested a dismissal earlier this year. Chegg, an education and learning platform, claimed in its lawsuit that Google illegally scraped its educational content. This allowed Gemini models to essentially recreate that content and reduce the site’s traffic. Penske, which owns publications like Rolling Stone and Variety, filed a similar case that alleged lost traffic. Specifically, the publisher claimed it was unfair that sites indexed for organic search would also have their content harvested for AI answers, with no way to opt out.
These arguments did not sway the judge, who noted that Google’s implicit agreement with websites is not legally relevant. “Plaintiffs have pleaded only that they have an ‘expectation’ that Google will send them search traffic if they make their content available for free,” wrote Mehta. “But an expectation is not an agreement. It is simply how a general search engine works.”
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