Google Takes a Hit When EU Court Advisor Supports €4.1 Billion Android Antitrust Penalty
Google could be fined €4.1 billion by the EU because an adviser to the court turned down its plea over Android’s antitrust violations and market dominance.
Google took a big hit when an adviser to the highest court in the European Union said the company should keep a €4.1 billion antitrust fine for abusing its powerful Android mobile operating system.
The Court of Justice of the European Union’s (CJEU) Advocate-General Juliane Kokott told the court to reject Google’s appeal and uphold the fine, which was first set by the European Commission in 2018 and later lowered from €4.34 billion by a lower court in 2022.
“Google’s legal arguments don’t work,” Kokott said in her ruling, which wasn’t binding. She didn’t agree with the tech giant’s argument that regulators should have judged its actions by comparing them to those of a made-up rival that was just as good.
“Right now, it’s not fair to compare Google’s situation to that of a made-up competitor that is just as efficient,” she said. “Google was the market leader in a number of Android markets, which helped it make sure that users used Google Search through network effects.”
The European Commission said that Google was blocking rivals with its Android operating system, which is used on about 73% of smartphones around the world (Statcounter). The Commission said that since 2011, Google had paid makers to only include Google Search, forced them to install Google Play Store and Google Search, and blocked access to other versions of Android.
It takes about four out of five cases for the CJEU judges to follow advisory views. They are likely to make a decision in the next few months.
A Google spokesperson said they were disappointed by the news, saying, “Android has given everyone more options and helps thousands of successful businesses in Europe and around the world.” We are unhappy with the Opinion because if the Court followed it, it would make people less likely to invest in open platforms, which would hurt Android users, partners, and app makers.
