PolicyLaw, regulation & governance
Judge dismisses Penske Media and Chegg antitrust suits over Google AI Overviews
A US judge dismissed Penske Media and Chegg's antitrust suits over Google's AI Overviews, finding no formal content-for-traffic bargain. With clicks falling, publishers' leverage now rests on a UK-ordered opt-out and payment pilots that Google designs and controls.
From the The Verge · AI article of October 25, 2026 and cited sources: Judge Amit Mehta ruled that the long-standing exchange, in which publishers allowed indexing and Google sent traffic, was an expectation and not an agreement. [2] [17] [1]
SOURCES[2] Press Gazette — Penske suit dismissed pressgazette.co.uk[17] PPC Land — Mehta dismisses Penske suit ppc.land[1] Google’s AI search changes upended online publishing theverge.com
AI-assisted, not human-edited. Methodology Corrections Who owns this site
- What happened
- Judge Amit Mehta ruled that the long-standing exchange, in which publishers allowed indexing and Google sent traffic, was an expectation and not an agreement. [2] [17] [1]
- Original source
- The Verge · AI article, independent perspective
- Brief by
- AT Pulse research desk AI-assisted; publisher and contact on the desk page
- When
- October 25, 2026 article published
- Covered
- Oct 25 edition
- Evidence
- 17 sources across 13 sites
- 1Google’s AI search changes upended online publishingtheverge.com
- 2Press Gazette — Penske suit dismissedpressgazette.co.uk
- 39to5Google — Pew AI Overview click study9to5google.com
- 4InfoDocket — Pew Research summaryinfodocket.com
- 5TechCrunch — Google denies AI search is killing traffictechcrunch.com
- 6SiliconANGLE — UK orders opt-outsiliconangle.com
Reach: not measured yet

Judge Amit Mehta ruled that the long-standing exchange, in which publishers allowed indexing and Google sent traffic, was an expectation and not an agreement. He found publishers let Google crawl their sites because it served their own interests. He had earlier dismissed an Arkansas newspapers' class action on the same grounds, though he said he sympathized with publishers whose work is reused without payment. A separate adtech suit brought by publishers is still going ahead. [2] [17] [1]
Pew's browsing panel of 900 US adults found people clicked results 8% of the time when an AI Overview appeared, against 15% when none did. Only 1% of visits involved a click on a link cited inside the Overview. Google says total organic clicks are roughly stable year over year. DMG Media reported click-through drops of up to 89% in its worst case. Both of those last figures come from the parties themselves and have not been independently checked. [3] [4] [11] [5] [14] [15]
The UK Competition and Markets Authority (CMA) ordered Google to let publishers keep their content out of AI Overviews and AI Mode without losing search ranking. Google responded with a Search Console toggle that also covers AI Overviews in Discover. The toggle does not cover the Gemini app or model training, Google still uses one crawler for both search and AI, and the CMA has put off rules on fair compensation for at least 12 months. [6] [9] [10] [13]
Pew's panel links AI Overviews to fewer clicks, and the US antitrust challenges have failed. Implication: publishers face an opt-out that won't restore lost clicks and payments set on Google's terms.
Read the full assessment
Retrieval-product builders should expect scrutiny of attribution and opt-outs.
Executive brief
A US federal judge has ruled that publishers never had a deal with Google that traded their content for search traffic. In dismissing the Penske Media and Chegg antitrust suits over AI Overviews, Judge Amit Mehta wrote that "an expectation is not an agreement" (Press Gazette). This happened while publishers were losing clicks: Pew found that users clicked results 8% of the time when an AI summary appeared, against 15% when none did (9to5Google). With the US courts closed to that argument for now, change is coming mainly from UK regulation and from payment pilots that Google runs on its own terms (The Verge).
What changed and event timeline
AI Overviews reach news searches
Press Gazette found AI Overviews on almost a quarter of news-related searches. By August they were pushing media sites out of top positions ().
Pew measures the click drop
Browsing data from 900 US adults showed fewer link clicks and more sessions ending without any click when an AI Overview appeared ().
Google disputes the decline
Search head Liz Reid said total organic click volume was "relatively stable" year over year and that "quality clicks" were rising slightly ().
UK orders an opt-out
The CMA's conduct requirement makes Google let publishers keep their content out of AI Overviews and AI Mode without losing their search ranking ().
Antitrust suits dismissed
Mehta found no formal bargain between Google and the publishers. He had earlier thrown out an Arkansas newspapers' class action on the same grounds ().
Licensing pilot passes 400 publishers
Google pays outlets including CNN, Axios and the FT for content behind AI features in Google News (;).
Capabilities and access
- AI Overviews (2024): AI summaries placed above the links. For some queries they now expand automatically, pushing the blue links further down (The Verge).
- AI Mode (May 2025): a chatbot-style replacement for the results page (same source).
- Search Console opt-out toggle: covers AI Overviews, AI Mode and AI Overviews in Discover. The Gemini app is not covered (Tech Times).
Read the full section
- AI Overviews (2024): AI summaries placed above the links. For some queries they now expand automatically, pushing the blue links further down (The Verge).
- AI Mode (May 2025): a chatbot-style replacement for the results page (same source).
- Search Console opt-out toggle: covers AI Overviews, AI Mode and AI Overviews in Discover. It began with limited UK testing and is planned to roll out globally (PPC Land). The Gemini app is not covered (Tech Times).
- None of the reviewed sources names the Gemini model version behind these features.
Technical analysis for researchers and developers
- Pew's method: an observational panel of 68,879 searches, about 18% of which showed an AI Overview. Query type is a likely confound.
- Google's "quality clicks": the metric counts clicks where the user does not quickly bounce back. Google has published no underlying data for it (TechCrunch).
- Payment attribution: the AI contribution pilot pays only when content "contributes significantly" while an answer is generated.
Read the full section
- Pew's method: an observational panel of 68,879 searches, about 18% of which showed an AI Overview. Only 1% of visits involved a click on a link cited inside the Overview (The Decoder). Query type is a likely confound.
- Google's "quality clicks": the metric counts clicks where the user does not quickly bounce back. Google has published no underlying data for it (TechCrunch).
- Payment attribution: the AI contribution pilot pays only when content "contributes significantly" while an answer is generated. Being linked or used to confirm an answer afterwards does not count. One executive called the method a "black box" (Search Engine Journal).
- Crawlers: Google still uses the same crawler for search and AI, with no structural separation (Digiday).
Claims and evidence
- Click-through rates fall when an Overview appears. Pew's independent panel found 8% vs 15% (9to5Google).
- DMG Media lost up to 89% of click-throughs.
- 19 DCN members lost 1–25% of Google traffic between May and June 2025. This comes from the trade group's own reporting (The Verge).
Read the full section
- Click-through rates fall when an Overview appears. Pew's independent panel found 8% vs 15% (9to5Google).
- DMG Media lost up to 89% of click-throughs. This is DMG's own data in its filing to the CMA, falling from 25.2% to 2.8%, and it is DMG's worst case, not an average (Press Gazette; CMA filing).
- 19 DCN members lost 1–25% of Google traffic between May and June 2025. This comes from the trade group's own reporting (The Verge).
- Click volume is "relatively stable." This is Google's claim, and SEO experts dispute it, saying any gains go mainly to Reddit and YouTube (Press Gazette).
Context and prior work
For years Google and publishers had an informal exchange: publishers let Google index their content, and Google sent them traffic (The Verge). Mehta's ruling says that arrangement was never a contract. Publishers allowed crawling because it served their own interest (Press Gazette). The judge also said he was sympathetic to publishers whose work is "repurposed without compensation" (PPC Land).
Limitations, safety and contested findings
- Opt-out gaps: the toggle does not cover model training. The CMA has postponed rules on fair compensation for at least 12 months (Digiday).
- Traffic data conflicts: Google's aggregate figures and publishers' figures disagree, and neither can be reconciled publicly.
- Child safety: Common Sense Media calls the risk to children from AI Overviews "unacceptable."
Read the full section
- Opt-out gaps: the toggle does not cover model training. The CMA has postponed rules on fair compensation for at least 12 months (Digiday).
- Traffic data conflicts: Google's aggregate figures and publishers' figures disagree, and neither can be reconciled publicly.
- Child safety: Common Sense Media calls the risk to children from AI Overviews "unacceptable." Accuracy problems also persist (The Verge).
- Other litigation: a separate adtech suit brought by publishers is going ahead (Press Gazette).
Business and practitioner implications
- Opting out: whether to opt out is a real trade-off. Opting out does not bring back clicks lost to AI answers (Digiday).
- Revenue: money from Google now flows through pilots it controls, with payment methods it does not disclose. Treat that income as discretionary (Search Engine Journal).
- Distribution: relying less on search, through newsletters, subscriptions and social, is now the standard approach (The Verge).
Read the full section
- Opting out: whether to opt out is a real trade-off. Opting out does not bring back clicks lost to AI answers (Digiday).
- Revenue: money from Google now flows through pilots it controls, with payment methods it does not disclose. Treat that income as discretionary (Search Engine Journal).
- Distribution: relying less on search, through newsletters, subscriptions and social, is now the standard approach (The Verge).
- For builders of retrieval-based (RAG) products: courts and regulators are looking at how sources are attributed and whether publishers can opt out.
The source trail.
Sources (17)
Google’s AI search changes upended online publishing
Article text retrieved; extracted text may omit tables or interactive elements.
theverge.com