In its years-long fight to reverse a multibillion-dollar European Union antitrust penalty, Google suffered a significant defeat Thursday when the top court adviser for the group suggested that judges sustain a €4.12 billion judgment against the internet giant.
Google was incorrect to contest the fine for its Android mobile operating system practices, according to Juliane Kokott, an advocate general at the EU’s Court of Justice. Google’s attempts to evade one of the biggest antitrust penalties in company history have been thwarted by the suggestion.
Court Opinion Indicates A Probable Loss
According to a court news release, Kokott recommended judges to reject Google’s appeal and uphold the €4.12 billion ($4.74 billion) fine. According to the advocate general, Google “held a dominant position in several markets of the Android-ecosystem” that allowed it to profit from making sure people used Google Search.
Advocate general opinions are not legally binding, although in about four out of five cases, judges do follow them. Judges “are now beginning their deliberations” with a decision anticipated in the upcoming months, according to the Court of Justice.
A Google representative warned that enforcing the penalties “could discourage investment in open platforms and ultimately harm users, developers, and business partners,” expressing unhappiness with the ruling.
A Prolonged Legal Battle Is Coming To An End
The action is based on a 2018 European Commission ruling that initially penalized Google a record €4.34 billion for allegedly stifling competition by abusing Android’s dominance. Google was accused by regulators of requiring Chrome and Google Search to be pre-installed on devices in order for users to access the Play Store.
Google filed an appeal with the EU General Court, which lowered the fine to €4.12 billion but substantially upholding the Commission’s 2022 conclusions. The dispute was then taken to Europe’s top court, the Court of Justice, by Google.
A Component Of The EU’s Wider Crackdown
Over the past ten years, Google has been hit with three significant antitrust penalties totaling more than €8 billion from EU regulators, including the Android fine. In September, the Court of Justice upheld a €2.4 billion judgment against Google for favoring its shopping comparison site, ending a separate seven-year legal dispute.
Another antitrust action against Google that targets its digital advertising business is still seeking a Brussels ruling.