Google faced a significant setback in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving its Android operating system after a top court’s legal adviser sided with EU regulators.
Why it matters: The case, dating back to 2018, saw the European Commission imposing a 4.134 billion euro fine on Google for using the dominance of its Android mobile operating system to stifle competition and reduce consumer choice. If the court follows the advocate general’s recommendation, it could discourage investment in open platforms and harm Android users, partners, and app developers.
The details:
- The European Court of Justice’s advocate general, Juliane Kokott, recommended in a non-binding opinion that Google’s appeal against the fine should be dismissed.
- Google initially filed an appeal, which led to a lower court reducing the fine slightly to 4.125 billion euros in 2022.
- Google further appealed to the Court of Justice, but Kokott advised that the Court of Justice uphold the lower court’s judgment.
While opinions from the advocate general are not legally binding, they are often taken into consideration by judges.
What they’re saying:
- “In her Opinion delivered today, Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and, therefore, uphold the judgment of the General Court,” the Luxembourg-based ECJ said in a press release Thursday.
- Google expressed disappointment with Kokott’s opinion, stating that if the court follows her recommendation, it “would discourage investment in open platforms and harm Android users, partners, and app developers.”
- The company emphasized that “Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world.”
The background: This fine is one of three antitrust penalties totaling more than 8 billion euros that the European Commission has imposed on Google over the past decade as part of its broader crackdown on Big Tech companies.
What’s next: The judges are now beginning their deliberations in this case, and judgment will be given at a later date. Google continues to face additional scrutiny and decisions from Brussels in other ongoing antitrust cases.