Google’s ongoing battle with the European Union has taken a serious hit, as a top legal adviser to the EU’s highest court recommended upholding a €4.1 billion ($4.98 billion) fine for anti-competitive practices involving its Android operating system.
The fine, originally issued in 2018 by the European Commission, was based on findings that Google had abused its dominant position by using Android to suppress competition and protect its search engine dominance.
Though a lower EU tribunal backed the decision in 2022, it slightly reduced the fine from €4.34 billion to €4.1 billion. Google appealed again, hoping for a full reversal — but things aren’t going its way.
On Thursday, Advocate-General Juliane Kokott of the European Court of Justice (CJEU) issued a non-binding opinion advising the court to reject Google’s appeal and maintain the fine as imposed by the lower court. While her opinion is not final, the court follows such advice in about 80% of cases, meaning the odds are not in Google’s favor.
“The legal arguments put forward by Google are ineffective,” Kokott stated. She also dismissed Google’s defense that regulators should compare its behavior to a hypothetical rival acting just as efficiently. “That’s not realistic,” she said, highlighting that Google holds a dominant position in multiple Android-related markets and benefits from powerful network effects.
At the heart of the case is Google’s requirement that smartphone manufacturers pre-install Google Search, the Chrome browser, and the Play Store on Android devices. Regulators also found that Google paid phone makers to exclusively pre-install its services and blocked the use of alternative Android systems — limiting competition and consumer choice.
Google, for its part, expressed disappointment. “Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world,” said a Google spokesperson. “We are disappointed with the Opinion which, if it were followed by the Court, would discourage investment in open platforms and harm Android users, partners, and app developers.”
Android currently powers about 73% of smartphones globally, according to data from Statcounter. Google’s legal troubles in Europe are mounting — it has already paid over €8.25 billion in fines across three antitrust cases over the past decade, with more investigations still underway.
The final ruling from the European Court of Justice is expected in the coming months. If the court confirms Kokott’s recommendation, it will reinforce the EU’s tough stance on Big Tech dominance and could have ripple effects on other tech giants operating in Europe.
The case is officially titled C-738/22 P Google and Alphabet v Commission — and it’s shaping up to be one of the most consequential antitrust battles in tech history.
