Top advisor to European Court of Justice supports €4bn fine against Google
Top court counsel has dealt a blow to Google’s efforts to overturn a significant European Union antitrust fine related to its Android operating system. Juliane Kokott, the attorney general of the European Court of Justice, suggested in a non-binding opinion that Google’s appeal against the €4.125 billion fine should be dismissed.
The case dates back to 2018, when the European Commission fined Google €4.314 billion, accusing the tech giant of using its dominant Android position to stifle competition and limit consumer choice. Although a lower court slightly reduced the fine in 2022, Google further appealed to the Court of Justice. Kokott’s opinion recommended affirming the lower court’s decision and upholding the fine.
Google responds to this opinion with disappointment. “Android has provided more choice for everyone and supports thousands of successful businesses in Europe and around the world. We are disappointed with the opinion which, if followed by the Court, would discourage investment in open platforms and harm Android users, partners and app developers,” echoed Google spokesperson Mathilde Méchin.
Kokott acknowledged Google’s widespread fame, stating that few companies become so well known that their name becomes a verb. In the end, however, she sided with the EU Commission. Google expressed disappointment with the opinion, arguing that following it would discourage investment in open platforms and hurt Android users, partners and app developers.
Although not legally binding, opinions of attorneys general are often followed by judges. The Court of Justice is currently deliberating and will issue a ruling at a later date. This fine is one of three antitrust fines totaling more than 8 billion euros that the European Commission has imposed on Google in recent years as part of its broader crackdown on Big Tech companies. Another antitrust case against Google’s digital advertising activities is still pending before Brussels.
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