Written by Shaun David
Shaun David
Regulation • Trading Algorithms • Market Analysis
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Last fact check on December 15, 2025 by
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Why the TikTok Deal Will Collapse in 2026 Despite Washington’s Demands
Key Points
When President Donald Trump announced that a deal had been reached with China’s Xi for the sale of TikTok’s U.S. operations, it was blatantly obvious that it’s easier said than done with the deal facing multiple legal and political hurdles.
A consortium including Oracle, private equity firm Silver Lake, and Abu Dhabi’s MGX emerged as the group finalizing control of TikTok’s U.S. operations. In that arrangement, Oracle would own 45%, ByteDance 35%, and others would make up the rest, rather than a single outright buyer. Trump then wasted no time and signed an executive order approving the sale on September 25, 2025.
The markets breathed a sigh of relief, finally the USA and China were back to doing serious business during a relentless tit-for-tat trade war. The Oracle (NASDAQ: ORCL) stock price rose 7% buoyed by the likelihood of the deal, but despite the overall positive market sentiment we were highly skeptical about the likelihood of the deal getting over the line. it. We tweeted on the official CleaRank X account on September 25, 2025:
TikTok deal will not go through, you got played. $ORCL $NVDIA @larryellison https://t.co/1vTWhX8ppG
— CleaRank (@CleaRank) September 17, 2025
Our opinion remains largely unchanged, despite Washington’s best efforts to skirt any confrontation with China. For years Washington has tried to lure TikTok out of Chinese control. Presidents have threatened bans, Congress has drafted legislation, and some of the biggest AI tech giants such as Microsoft and Amazon have been on standby waiting for ByteDance to bend.
Jacob Bakshi, Senior Market Strategist at CleaRank, said:
“Currently the biggest open secret in Washington, Silicon Valley, and Beijing is that the TikTok deal is not going to happen. Not this year. Not next year and probably not ever.”
And the reasons have nothing to do with politics alone. This is a rare corporate standoff where technology, law, geopolitics, and economics all collide and every road leads to the same conclusion.
Here’s why the TikTok sale is structurally, technically, and politically set up to fail.
The Algorithm is Never Leaving China
The question of a deal was never in the hands of ByteDance (the company that owns TikTok) or its executives, it’s primarily the choice of the Chinese government, which placed TikTok’s recommendation algorithm on its export-control technology list as far back as 2020.
Here’s what it means in practice:
Jacob Bakshi, explained the far reaching implications:
“The algorithm is TikTok. If any U.S. buyer, especially names like Oracle, Microsoft, or Amazon, can’t get the “secret sauce, then there’s definitely no chance of a deal.”
The “CFIUS Purgatory” Timeline
Comparing a standard U.S. national security review vs. the 7-year diplomatic quagmire of TikTok.
Standard CFIUS Review
Avg. Duration: ~4 MonthsThe TikTok Reality
Duration: 7+ Years (Ongoing)Trump Executive Order #1
Attempted ban; blocked by courts.
“Project Texas” Standoff
Years of stalled negotiations on data localization.
“Divest-or-Ban” Law Signed
Congress forces ByteDance to sell within 270 days or face a total U.S. ban.
The Legal Rollercoaster
- Supreme Court upholds ban (Jan 17).
- Trump delays enforcement (Jan 20).
- Trump signs new deal EO (Sep 25).
The “Technical Wall”
Deal collapses due to inability to transfer the algorithm. Litigation regarding First Amendment rights drags on indefinitely.
TikTok & ByteDance Too Complex to Seperate
Selling TikTok’s U.S. operations sounds straightforward in theory but in reality TikTok is a deeply integrated node inside a massive, global AI ecosystem built and maintained by ByteDance.
Every critical part of TikTok’s functionality is tied directly to ByteDance’s central infrastructure which shares data pipelines, AI training models, moderation systems, and the recommendation algorithm which is at the core of the product
Jacob Bakshi said, “Splitting TikTok U.S. from the global ops would be less like a corporate divestment and more like an organ transplant and one where the donor insists on keeping the heart.”
According to our research and interviews with engineers who have studied the system say the requirements are staggering. It’ll take many years, not months, to build a fully independent U.S. tech stack with billions of dollars in engineering and reconstruction. It’ll also require a complete rewrite of the recommendation engine and a full rebuild of the internal data infrastructure
This makes the timelines Washington demands technically unrealistic and that’s assuming China would even permit the technical separation, which it won’t.
Three’s a Party, Not a Sale
The standard corporate acquisitions involve two parties, namely a buyer and a seller.
TikTok’s hypothetical sale involves three, and two of them are governments entrenched in a bitter trade war and global dominance.
In global geopolitics terms, where the U.S.–China tensions have hardened into long-term strategic rivalry, and neither government can afford to be the one that “gave in.” TikTok now symbolizes a political chesspiece that is too valuable to trade.
The Impossible Deal Structure
Why a TikTok sale requires satisfying three mutually incompatible entities simultaneously.
Remove Chinese Ownership
National Security Concerns regarding data privacy and influence.
Keep Algorithm & Control
Views the recommendation engine as a restricted National AI Asset.
Maintain Profitability
TikTok is their core business; selling without the Algo devalues the asset.
Why these goals are incompatible
US vs. China
The U.S. demands total separation of code/data, but China legally forbids the export of the core recommendation algorithm.
ByteDance vs. The Market
Selling TikTok without the algorithm (to satisfy China) destroys the app’s value, making the sale price unacceptable to ByteDance shareholders.
Legal Obstacles for U.S. to Force a Sale
Thus far the First Amendment has been a solid firewall for every attempt to ban or force-sell TikTok. U.S. courts have repeatedly maintained that social media is a public square and that banning or restricting it affects speech and that any forced sale may violate constitutional rights
TikTok’s legal strategy of delay, appeal and challenge has been smart. Even with yhe new legislation, TikTok can litigate its way deep into 2027.
Jacob Bakshi said:
“No buyer can afford a multibillion-dollar acquisition waiting on a decade of court appeals.”
TikTok is Too Valuable To Sell
TikTok is too valuable for ByteDance and if they’re separated it could cause the valuation for ByteDance to plummet. TikTok generates north of $20 billion in annual revenue, massive AI training data, and huge influence on global culture. So Bytedance has every incentive to fight until the very last courtroom and the very last regulatory avenue has been exhausted. And so far it’s working for them.
FAQ
Disclosure:
This analysis is provided for informational purposes only. All prices, data, and forecasts reflect market conditions at the time of writing and the latest fact-check (as of the date specified above). Investors should consult with a qualified financial advisor before making investment decisions.
I’ve spent majority of my life studying finance and building a successful career from analyzing market trends to spotting successful early adoptions in the crypto industry, and I’ve come to realize I’m not purely analyzing numbers, but the psychology and sentiment of the crowd. As one of CleaRank’s earliest team members I take a hands on approach and personally test brokers by opening real money accounts, executing trades, and stress testing their customer service. Throughout my career I’ve built trading algorithms, managed long term investment portfolios, and helped traders avoid shady brokers before they even knew they were at risk. Whether it’s uncovering hidden fees, evaluating regulatory loopholes, or optimizing trading strategies, I live and breathe the financial markets.