Google experienced a setback Thursday when Juliane Kokott, advocate general at the European Court of Justice (ECJ), recommended dismissing the company’s appeal against a record €4.1 billion ($4.7 billion) antitrust fine. The fine was reduced in 2022 from €4.34 billion by the EU’s General Court but remains the largest ever imposed by the European Commission.
The fine stems from a long-running investigation into Google’s Android operating system. In 2018, the European Commission, the EU’s executive body, ruled that Google had abused its dominance by imposing pre-installation deals on smartphone makers, giving its own apps an unfair advantage.
Google has argued that Android promotes more choice rather than less and has called on the courts to overturn the fine.
What the Advocate General’s Opinion Means
While the advocate general’s opinion is non-binding, historically, the European Court of Justice follows these recommendations about 80% of the time. The ECJ is expected to issue a final ruling in the coming months.
The Luxembourg-based court issued a press release stating, “Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and uphold the judgment of the General Court.”
What The Author Thinks
If the European Court of Justice follows the advocate general’s advice, it will reinforce the EU’s commitment to fair competition in the tech sector. This case underscores the importance of preventing dominant platforms from unfairly leveraging their power to stifle rivals. For Google, this may be a costly reminder that market leadership comes with responsibilities to maintain an open and competitive ecosystem. Upholding the fine could encourage other tech giants to reconsider their business practices to avoid similar penalties.
Featured image credit: Wikimedia Commons
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