Google Wins Dismissal of Chegg and Penske AI Search Antitrust Suits
Judge Amit Mehta dismissed Chegg and Penske Media’s AI search antitrust cases, finding Google may harm publisher traffic without breaking US antitrust law.
Summary
By October 1, 2026, US District Judge Amit Mehta had dismissed antitrust lawsuits Chegg and Penske Media filed against Google in 2025, after Google sought dismissal earlier in 2026. Chegg alleged Google scraped its educational content so Gemini models could reproduce it, reducing traffic. Penske, owner of Rolling Stone and Variety, argued that publishers cannot remain indexed for organic search while opting out of content harvesting for AI answers, including AI Overviews.
Mehta ruled that publishers’ expectation of receiving search traffic in exchange for free content was not a formal agreement, making Google’s conduct legally irrelevant under the antitrust claims presented. He previously found Google violated antitrust law in the Justice Department’s broader search case, although the government failed to secure its requested harsh penalties.
Mehta acknowledged that Google may repurpose content without compensation, harming publishers, journalists, educators and other creators, but said unfair economic damage is not necessarily illegal and requires legislation rather than judicially expanded antitrust law. Further US challenges face steep odds without new laws. The European Commission is considering similar issues, the UK has ordered Google to offer an AI opt-out without removing sites from organic search, and Google is testing direct publisher payments, although its pilot reportedly lacks publisher support.
Positives
- Google secured dismissal of both 2025 antitrust lawsuits after requesting that outcome earlier in 2026.
- The UK ordered Google to let sites opt out of AI use while remaining visible in organic search.
- The European Commission is examining the same conflict between AI answers and publisher rights.
- Google is exploring direct payments to websites whose content contributes to AI answers.
Risks & concerns
- Chegg alleges Google scraped educational content that Gemini models could recreate, reducing visits to its platform.
- Penske says publishers indexed for organic search cannot prevent Google from harvesting their content for AI answers.
- Mehta acknowledged uncompensated content reuse may harm publishers, journalists, educators and other online creators.
- US publishers face difficult court challenges because expected search traffic does not constitute a formal agreement under antitrust law.
- Google’s publisher payment pilot reportedly has not won support from participating publishers.