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Regulation • Trading Algorithms • Market Analysis
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Why the TikTok Deal Will Collapse in 2026 Despite Washington’s Demands

Key Points

  • China will not approve the export of TikTok’s algorithm, classified as strategic national AI technology which makes any U.S. sale effectively impossible.
  • TikTok cannot be separated from ByteDance’s global AI systems, meaning a U.S.-only version would require years of engineering and billions in rebuilding costs.
  • A TikTok sale requires cooperation from the U.S., China, and ByteDance, an unworkable trio amid escalating U.S.–China geopolitical rivalry.
  • Forced divestment faces major First Amendment challenges, enabling TikTok to delay any ban or sale in U.S. courts until 2027 or beyond.
  • TikTok is too valuable for ByteDance to give up, generating more than $20 billion a year and powering the company’s broader AI ecosystem.
  • CleaRank analysts say the TikTok deal is “Not happening. Not this year, not next year, and likely not ever,” despite Washington’s demands.

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:

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.

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:

  • ByteDance cannot legally sell TikTok’s core algorithm without Chinese approval.
  • Beijing considers TikTok’s recommendation engine a strategic national AI asset.
  • Approving its export would be politically unthinkable for Chinese regulators.
CleaRank

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 Months
Review Investigate Sign Deal Done

The TikTok Reality

Duration: 7+ Years (Ongoing)
Aug 2020

Trump Executive Order #1

Attempted ban; blocked by courts.

2021 — 2023

“Project Texas” Standoff

Years of stalled negotiations on data localization.

April 2024

“Divest-or-Ban” Law Signed

Congress forces ByteDance to sell within 270 days or face a total U.S. ban.

Jan — Sep 2025

The Legal Rollercoaster

  • Supreme Court upholds ban (Jan 17).
  • Trump delays enforcement (Jan 20).
  • Trump signs new deal EO (Sep 25).
2026 — 2027 (Forecast)

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

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. 

CleaRank
Geopolitical Analysis

The Impossible Deal Structure

Why a TikTok sale requires satisfying three mutually incompatible entities simultaneously.

U.S. Government
Core Objective

Remove Chinese Ownership

The Conflict

National Security Concerns regarding data privacy and influence.

China Government
Core Objective

Keep Algorithm & Control

The Conflict

Views the recommendation engine as a restricted National AI Asset.

ByteDance
Core Objective

Maintain Profitability

The Conflict

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.

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

The core obstacle is that China will not allow TikTok’s algorithm to be exported. TikTok is deeply integrated into ByteDance’s global AI systems. And U.S. courts continue to block forced divestment on First Amendment grounds. These factors make a sale nearly impossible, regardless of political pressure.

China added TikTok’s recommendation engine to its export-control list in 2020 and the algorithm is considered strategic national AI technology. ByteDance cannot legally transfer it without approval, and Beijing has no intention of releasing a tool it views as both valuable and influential.

No. TikTok runs on ByteDance’s unified global AI infrastructure. This includes shared data pipelines, training models, moderation systems, and the recommendation engine. Creating a fully separate U.S. version would require years of engineering work and billions of dollars.

Yes. Any transfer of TikTok’s algorithm must be approved by the Chinese government. Since the algorithm is restricted technology, approval is highly unlikely.

The First Amendment. U.S. courts have repeatedly stated that removing or restricting a social media platform affects speech rights. TikTok can delay enforcement through appeals, likely pushing any final decision deep into 2027.

TikTok is the company’s flagship asset. It generates more than 20 billion dollars a year, produces invaluable AI training data, and shapes ByteDance’s global standing. Selling it would significantly damage the company’s valuation, which is why ByteDance continues to fight every proposed divestment.

In 2025, a consortium led by Oracle, along with Silver Lake and Abu Dhabi’s MGX, moved toward a deal. Oracle would have taken a 45 percent stake. The proposal raised hopes on Wall Street, but the same geopolitical and legal barriers quickly resurfaced.

Experts including CleaRank Senior Market Strategist Jacob Bakshi argue that the interests of the U.S., China, and ByteDance simply do not align. Without access to the algorithm, there is nothing for an American buyer to acquire. Analysts see no realistic path to a workable agreement.

Regulatory pressure will continue, but an outright ban remains unlikely to survive constitutional challenges. TikTok can continue to delay in court, making a total ban or forced sale extremely hard to enforce.

Oracle enjoyed a short term boost when the deal was first announced, but markets have already priced in the likelihood that the sale will fail. A collapse may remove a potential catalyst, but the long term impact on Oracle is expected to be limited.

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.

Shaun David Author Image
Shaun David Author Image

Shaun David

Author of this article

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.