Judge dismisses X’s antitrust lawsuit against advertisers with prejudice



A US federal judge has dismissed Elon Musk’s antitrust lawsuit against advertisers who pulled their spending from X, ruling that the company failed to state a valid legal claim and barring it from ever refiling the case. US District Judge Jane Boyle, presiding in Dallas, dismissed the suit with prejudice on Thursday and denied X the right to appeal, delivering about as complete a legal defeat as a plaintiff can receive.

The lawsuit, filed by X Corp in August 2024 and expanded in February 2025, accused the World Federation of Advertisers, its now-defunct Global Alliance for Responsible Media initiative, and more than a dozen major companies including Mars, Unilever, CVS Health, Nestlé, Colgate-Palmolive, Lego, Shell, Tyson Foods, Abbott Laboratories, and Pinterest of conspiring to withhold “billions of dollars” in advertising revenue from the platform. X argued that the companies’ coordinated use of GARM’s brand safety standards amounted to an illegal boycott under US antitrust law.

Judge Boyle disagreed on every count. GARM, she wrote, “did not buy advertising space from X to sell to advertisers nor did it, in such an arrangement, tell X not to sell directly to Garm’s customers.” The alleged conspiracy, in other words, was not a conspiracy at all. Companies decided independently where to spend their advertising budgets, and choosing not to advertise on X is not an antitrust violation. It is a business decision.

The cost of the lawsuit

The legal defeat is the final chapter in a confrontation that accomplished remarkably little for X and caused considerable collateral damage to the advertising industry. GARM, the brand safety initiative at the centre of the lawsuit, shut down in August 2024, weeks after X filed its complaint. The World Federation of Advertisers said the legal action had “drained its resources and finances,” even though the case had not yet been adjudicated. A voluntary industry body created to help advertisers avoid placing their brands alongside illegal or harmful content was effectively destroyed by the act of being sued, regardless of the lawsuit’s merits.

The companies X targeted are among the world’s largest advertisers. Their decision to reduce spending on the platform was not, by any available evidence, coordinated through GARM or any other mechanism. It followed a series of decisions by Musk that made X a riskier environment for brand advertising: he reinstated accounts that had been suspended for policy violations, relaxed content moderation, disbanded internal safety teams, and pursued a public persona that many corporate marketing departments found incompatible with their brands. Advertisers responded the way advertisers have always responded to perceived reputational risk. They left.

Where the money went, and where it did not come back

The financial trajectory tells the story plainly. Twitter generated approximately $4.5 billion in advertising revenue in 2022, the year Musk acquired it. By 2023, that figure had fallen to roughly $2.2 billion, a decline of more than half. Revenue recovered modestly to approximately $2.6 billion in 2024 and $2.9 billion in 2025, the first year of growth since the acquisition. But even at that improved level, X’s revenue remains roughly 35 per cent below what the platform earned before Musk took over.

The partial recovery suggests that some advertisers returned, drawn by lower rates, video advertising inventory, and the platform’s continued reach among news-oriented audiences. But the largest brand advertisers, the companies that accounted for the bulk of Twitter’s premium advertising revenue, have largely not come back. UK filings published in January 2026 showed X’s UK revenue fell 58 per cent during the period, a steeper decline than the global average.

The lawsuit was, among other things, an attempt to use the legal system to compel spending that the market would not provide voluntarily. Judge Boyle’s ruling confirmed what the advertising industry had argued from the start: companies have no legal obligation to buy advertising on any particular platform, and declining to do so is not an act of anticompetitive conspiracy.

The strategic context

The dismissal arrives at a sensitive moment for Musk’s corporate empire. X was acquired by xAI in March 2025 and subsequently folded into SpaceX when SpaceX acquired xAI in February 2026. SpaceX is now preparing for a potential IPO in mid-2026 that could target a $1.75 trillion valuation. X’s advertising business, while a small fraction of the combined entity’s value, is a visible and politically charged liability. A pending antitrust lawsuit against some of the world’s largest companies would have complicated the IPO roadmap. Its dismissal with prejudice removes that specific risk, though it does so by confirming that the lawsuit should never have been filed.

Musk’s declaration when the suit was filed in 2024, “We tried being nice for 2 years and got nothing but empty words. Now, it is war,” now reads as a miscalculation rather than a strategic pivot. The war lasted 19 months. It destroyed GARM, alienated the advertisers X was trying to win back, generated legal costs for all parties, and ended in a ruling that X’s claims did not constitute a valid antitrust complaint. The companies Musk sued can now point to a federal court’s finding that their decisions to reduce spending were lawful and independent, which is not the outcome that makes a sales call to their media buying teams any easier.

X’s advertising problem was never legal. It was reputational, editorial, and strategic. The platform’s owner made choices about content moderation, political positioning, and public conduct that a significant portion of the advertising market found unacceptable. The appropriate response to that problem was to change the product, the policy, or the pitch. Suing the customers was not among the viable options, and the court has now confirmed as much.



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Recent Reviews


As I’m writing this, NVIDIA is the largest company in the world, with a market cap exceeding $4 trillion. Team Green is now the leader among the Magnificent Seven of the tech world, having surpassed them all in just a few short years.

The company has managed to reach these incredible heights with smart planning and by making the right moves for decades, the latest being the decision to sell shovels during the AI gold rush. Considering the current hardware landscape, there’s simply no reason for NVIDIA to rush a new gaming GPU generation for at least a few years. Here’s why.

Scarcity has become the new normal

Not even Nvidia is powerful enough to overcome market constraints

Global memory shortages have been a reality since late 2025, and they aren’t just affecting RAM and storage manufacturers. Rather, this impacts every company making any product that contains memory or storage—including graphics cards.

Since NVIDIA sells GPU and memory bundles to its partners, which they then solder onto PCBs and add cooling to create full-blown graphics cards, this means that NVIDIA doesn’t just have to battle other tech giants to secure a chunk of TSMC’s limited production capacity to produce its GPU chips. It also has to procure massive amounts of GPU memory, which has never been harder or more expensive to obtain.

While a company as large as NVIDIA certainly has long-term contracts that guarantee stable memory prices, those contracts aren’t going to last forever. The company has likely had to sign new ones, considering the GPU price surge that began at the beginning of 2026, with gaming graphics cards still being overpriced.

With GPU memory costing more than ever, NVIDIA has little reason to rush a new gaming GPU generation, because its gaming earnings are just a drop in the bucket compared to its total earnings.

NVIDIA is an AI company now

Gaming GPUs are taking a back seat

A graph showing NVIDIA revenue breakdown in the last few years. Credit: appeconomyinsights.com

NVIDIA’s gaming division had been its golden goose for decades, but come 2022, the company’s data center and AI division’s revenue started to balloon dramatically. By the beginning of fiscal year 2023, data center and AI revenue had surpassed that of the gaming division.

In fiscal year 2026 (which began on July 1, 2025, and ends on June 30, 2026), NVIDIA’s gaming revenue has contributed less than 8% of the company’s total earnings so far. On the other hand, the data center division has made almost 90% of NVIDIA’s total revenue in fiscal year 2026. What I’m trying to say is that NVIDIA is no longer a gaming company—it’s all about AI now.

Considering that we’re in the middle of the biggest memory shortage in history, and that its AI GPUs rake in almost ten times the revenue of gaming GPUs, there’s little reason for NVIDIA to funnel exorbitantly priced memory toward gaming GPUs. It’s much more profitable to put every memory chip they can get their hands on into AI GPU racks and continue receiving mountains of cash by selling them to AI behemoths.

The RTX 50 Super GPUs might never get released

A sign of times to come

NVIDIA’s RTX 50 Super series was supposed to increase memory capacity of its most popular gaming GPUs. The 16GB RTX 5080 was to be superseded by a 24GB RTX 5080 Super; the same fate would await the 16GB RTX 5070 Ti, while the 18GB RTX 5070 Super was to replace its 12GB non-Super sibling. But according to recent reports, NVIDIA has put it on ice.

The RTX 50 Super launch had been slated for this year’s CES in January, but after missing the show, it now looks like NVIDIA has delayed the lineup indefinitely. According to a recent report, NVIDIA doesn’t plan to launch a single new gaming GPU in 2026. Worse still, the RTX 60 series, which had been expected to debut sometime in 2027, has also been delayed.

A report by The Information (via Tom’s Hardware) states that NVIDIA had finalized the design and specs of its RTX 50 Super refresh, but the RAM-pocalypse threw a wrench into the works, forcing the company to “deprioritize RTX 50 Super production.” In other words, it’s exactly what I said a few paragraphs ago: selling enterprise GPU racks to AI companies is far more lucrative than selling comparatively cheaper GPUs to gamers, especially now that memory prices have been skyrocketing.

Before putting the RTX 50 series on ice, NVIDIA had already slashed its gaming GPU supply by about a fifth and started prioritizing models with less VRAM, like the 8GB versions of the RTX 5060 and RTX 5060 Ti, so this news isn’t that surprising.

So when can we expect RTX 60 GPUs?

Late 2028-ish?

A GPU with a pile of money around it. Credit: Lucas Gouveia / How-To Geek

The good news is that the RTX 60 series is definitely in the pipeline, and we will see it sooner or later. The bad news is that its release date is up in the air, and it’s best not to even think about pricing. The word on the street around CES 2026 was that NVIDIA would release the RTX 60 series in mid-2027, give or take a few months. But as of this writing, it’s increasingly likely we won’t see RTX 60 GPUs until 2028.

If you’ve been following the discussion around memory shortages, this won’t be surprising. In late 2025, the prognosis was that we wouldn’t see the end of the RAM-pocalypse until 2027, maybe 2028. But a recent statement by SK Hynix chairman (the company is one of the world’s three largest memory manufacturers) warns that the global memory shortage may last well into 2030.

If that turns out to be true, and if the global AI data center boom doesn’t slow down in the next few years, I wouldn’t be surprised if NVIDIA delays the RTX 60 GPUs as long as possible. There’s a good chance we won’t see them until the second half of 2028, and I wouldn’t be surprised if they miss that window as well if memory supply doesn’t recover by then. Data center GPUs are simply too profitable for NVIDIA to reserve a meaningful portion of memory for gaming graphics cards as long as shortages persist.


At least current-gen gaming GPUs are still a great option for any PC gamer

If there is a silver lining here, it is that current-gen gaming GPUs (NVIDIA RTX 50 and AMD Radeon RX 90) are still more than powerful enough for any current AAA title. Considering that Sony is reportedly delaying the PlayStation 6 and that global PC shipments are projected to see a sharp, double-digit decline in 2026, game developers have little incentive to push requirements beyond what current hardware can handle.

DLSS 5, on the other hand, may be the future of gaming, but no one likes it, and it will take a few years (and likely the arrival of the RTX 60 lineup) for it to mature and become usable on anything that’s not a heckin’ RTX 5090.

If you’re open to buying used GPUs, even last-gen gaming graphics cards offer tons of performance and are able to rein in any AAA game you throw at them. While we likely won’t get a new gaming GPU from NVIDIA for at least a few years, at least the ones we’ve got are great today and will continue to chew through any game for the foreseeable future.



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