Google’s battle against a record EUR 4.1 billion ($4.7 billion) antitrust fine imposed by the European Union has faced a setback. An adviser to the EU’s highest court has stated that regulators acted correctly in penalizing the tech giant for its alleged misuse of Android’s market dominance.
In a non-binding opinion, Advocate General Juliane Kokott asserted that Google’s appeal lacks sufficient legal grounding and should be dismissed. “Google held a dominant position in several markets within the Android ecosystem, which enabled it to leverage network effects that led users to choose Google Search,” Kokott commented. “This dominance granted Google access to valuable data to enhance its services.”
The EU’s Court of Justice frequently takes its advisers’ recommendations into account, and a final ruling is expected in the coming months.
Google expressed disappointment with Kokott’s opinion, warning that should the court adopt it, the decision could stifle investment and negatively impact Android users.
The European Commission did not provide any commentary on the situation.
This antitrust fine, initially set at EUR 4.3 billion (approximately Rs. 42,890 crore) and reduced by the EU’s General Court last year, is part of a larger trend of EU penalties aimed at major technology firms. This has fueled tensions between EU regulators and executives from Silicon Valley, with former US President Donald Trump characterizing the fines as tariffs on American companies.
The Android case represents one of four key investigations led by former EU competition chief Margrethe Vestager, who focused on curbing the power of large technology firms. Before her departure, Vestager imposed fines exceeding EUR 8 billion (roughly Rs. 79,796 crore) on Google and echoed calls from the US Department of Justice for a potential breakup of Google’s advertising technology operations—a view that new EU antitrust commissioner Teresa Ribera has also supported.
A forthcoming ruling from the top EU court could have significant implications for the Android business model, which offers free software while imposing certain requirements on mobile manufacturers.
This approach attracted the attention of regulators in 2018 when the European Commission accused Google of three distinct illegal practices aimed at reinforcing its search engine dominance, alongside the significant fine.
The Commission claimed that Google had unlawfully mandated handset manufacturers to pre-install the Google Search app and Chrome browser to gain access to the Play Store, the platform for Android apps.
Additionally, it alleged that Google provided financial incentives to specific manufacturers and operators in exchange for exclusively pre-installing the Google Search app.
Finally, it asserted that Google discouraged manufacturers from using alternative Android versions by restricting pre-installation of apps not approved by the company.
In a September 2022 ruling, the General Court upheld most of the Commission’s arguments but reduced the fine, citing insufficient evidence for some claims.
During a January appeal hearing, Google’s legal representatives maintained that the company’s success stems from innovation, rather than coercive practices, arguing that the EU had penalized Google for its competitive advantages in technology and user appeal.
Aside from traditional antitrust challenges, Google is also facing scrutiny under the EU’s Digital Markets Act, which imposes strict regulations on the behavior of major tech firms.
In March, the European Commission accused Google of violating this act by prioritizing its own services within its expansive search ecosystem and limiting app developers from directing consumers to offers outside its Play Store, prompting warnings of potential additional fines.
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(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
