Luxembourg: Advocate General Juliane Kokott of the Court of Justice of the EU has recommended that Google should lose its appeal to overturn the European Union's record £4.1 billion antitrust fine regarding its Android mobile operating system. Kokott articulated that Google's imposition of restrictions on Android device manufacturers and mobile network operators was a strategic move to maintain its dominant position in the search engine market.
According to Anadolu Agency, Kokott's opinion supports the European Commission's stance that Google's actions, such as the pre-installation of its search app and Chrome browser, along with restrictions on selling devices with modified Android versions, represent market abuse. Although the advocate general's opinion is not legally binding, the European Court of Justice frequently adheres to such guidance, with a final decision anticipated later this year.
Initially, Google was fined £4.34 billion ($4.98 billion) in 2018, marking the largest penalty from antitrust investigations into its practices. In 2022, the General Court reduced the fine to £4.125 billion ($4.73 billion), a decrease of £200 million, which Kokott found appropriate. Despite the reduction, the lower court supported the European Commission's overall findings but cited flaws in how the EU assessed the impact of Google's conduct. Google argued that the court overreached by effectively modifying the Commission's conclusions about its relationships with device manufacturers and app developers.
"Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world. 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," said Google spokesperson Mathilde M©chin.