In a significant blow to Google’s legal defenses, an advisor to the European Union’s top court has sided with the bloc’s antitrust regulators, backing a hefty €4.12 billion ($4.74 billion) fine against the tech giant, according to a report released Thursday.
Advocate General Juliane Kokott, essentially the court’s legal advisor, dismissed Google’s challenge to the penalty, urging the court to dismiss the appeal and uphold the fine. This recommendation carries significant weight, as judges often follow such guidance.
The fine stems from Google’s alleged abuse of its dominant market position within the mobile search sector, specifically regarding the Android operating system. The General Court initially levied a fine of €4.34 billion in 2022, but it was later slightly reduced to €4.125 billion.
Kokott argued that comparing Google’s behavior to that of a hypothetical, equally efficient competitor was unrealistic, given the company’s long-standing dominance across various Android markets. This dominance, Kokott contends, allowed Google to unfairly benefit by ensuring users utilized services like its search engine.
The Court of Justice of the European Union, based in Luxembourg, released a statement Thursday confirming the development. “In her opinion delivered today, Advocate General Kokott proposes that the Court dismiss Google’s appeal and uphold the judgment of the General Court,” the statement read.
The fine itself relates to a long-running antitrust case concerning Google’s Android operating system. The record-breaking penalty dates back to July 2018, when the European Commission announced the €4.34 billion fine, citing Google’s abuse of its dominance in the internet search market. The company was accused of unfairly favoring its own apps through pre-installation agreements with smartphone manufacturers. Google subsequently appealed the decision.
EU regulators alleged Google’s unlawful practices began in 2011, involving requirements for phone makers to pre-install Google Search, Chrome browser, and the Google Play app store on their Android devices. Furthermore, Google paid manufacturers to exclusively pre-install Google’s search engine and prohibited them from using rival Android forks.
A Google spokesperson expressed disappointment with the Advocate General’s opinion, cautioning that if the court adopts the recommendation, it could potentially stifle investment in open platforms and negatively impact users, developers, and business partners.
Google maintains that “Android has created more choice for everyone, and supports thousands of successful businesses across Europe and the world.”
While the Advocate General’s opinion is non-binding, the court is expected to issue its final ruling in the coming months.
Over the last decade, Google has been hit with approximately €8.25 billion in cumulative antitrust fines from the EU. Last year, the company was unsuccessful in overturning a €2.4 billion fine linked to how its shopping search results were ranked concerning those from competing price comparison websites.
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