Alphabet’s Google is facing a significant legal challenge in Europe as a top adviser to the European Union’s highest court recommended upholding a €4.1 billion antitrust fine. The fine stems from a 2018 European Commission ruling that found Google had abused its dominance through its Android mobile operating system to stifle competition. Although a lower tribunal previously reduced the original €4.34 billion fine slightly, Google appealed the ruling to the Court of Justice of the European Union (CJEU).
On Thursday, Advocate-General Juliane Kokott advised the CJEU to dismiss Google’s appeal, stating that the tech giant’s legal arguments lacked merit. In her non-binding opinion, Kokott rejected Google’s claims that it should be compared to an equally efficient competitor. She argued that Google’s market dominance and the network effects of its Android ecosystem gave it an unfair advantage, making such a comparison unrealistic.
Regulators accused Google of requiring smartphone manufacturers to pre-install its Google Search and Chrome browser along with the Google Play Store, starting from as early as 2011. The company was also alleged to have paid manufacturers to exclusively install Google Search and barred them from using alternative versions of Android. This, the Commission said, limited competition and harmed consumer choice.
Although CJEU judges are not bound by Kokott’s opinion, they tend to follow such recommendations in about 80% of cases. A final decision is expected in the coming months. If the court rules against Google, it would reinforce the EU’s strict stance on antitrust regulation and tech market dominance, particularly involving large U.S.-based firms.
In response, a Google spokesperson said the company is disappointed with the recommendation, arguing that Android has increased choice for users and businesses alike. The ruling, if confirmed, would mark another major regulatory defeat for Google in Europe, where it has already paid over €8.25 billion in fines related to antitrust investigations. More cases against the tech giant are currently ongoing.
Source: Reuters