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Google’s Appeal Against $4.7 Billion EU Antitrust Fine Poised for Likely Defeat

Google appears increasingly likely to lose its years-long legal battle against a record-setting antitrust fine imposed by the European Union, following a key recommendation from the European Court of Justice (ECJ) on Thursday.

Juliane Kokott, the advocate general at the EU’s highest court, advised that Google’s appeal be dismissed, effectively backing the previous ruling by the EU’s General Court, which had already upheld most of the European Commission’s charges while slightly reducing the original penalty.

“In her opinion, Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and uphold the General Court’s judgment,” the Luxembourg-based ECJ confirmed in its statement.

A Landmark Case Centered on Google’s Android Dominance

At the heart of the case is Google’s Android operating system, which powers over 70% of all smartphones globally. The European Commission — the EU’s executive body responsible for enforcing competition laws — originally fined Google €4.34 billion ($5 billion) in 2018. The Commission argued that Google illegally leveraged Android’s market dominance to promote its own search engine, browser, and app store by pre-installing them on Android devices through restrictive licensing agreements with phone manufacturers.

In 2022, the EU’s General Court slightly reduced the fine to €4.125 billion ($4.7 billion), but largely upheld the Commission’s findings that Google’s behavior restricted competition and harmed consumer choice.

Google Pushes Back, Citing Risks to Open Platforms

Google has consistently rejected the EU’s arguments, stating that Android fosters competition rather than limits it. Following the latest setback, Google expressed disappointment over the advocate general’s recommendation.

“We are disappointed with this opinion, which risks discouraging investment in open platforms and innovation, ultimately harming Android users, partners, and app developers,” a Google spokesperson said in a statement. “Android has expanded consumer choice and supported thousands of thriving businesses in Europe and beyond.”

Google contends that its Android model enables manufacturers to offer low-cost smartphones and allows app developers to reach billions of users worldwide. However, regulators argue that by forcing pre-installation of Google services as a condition of licensing, Google stifled rival app developers from competing on equal terms.

Non-Binding, but Highly Influential Recommendation

While Kokott’s recommendation is not legally binding, advocate general opinions carry significant weight in EU court proceedings. Historically, the ECJ aligns with such opinions in approximately 80% of cases. A final ruling is expected in the coming months and will likely set a crucial precedent for the regulation of dominant digital platforms across Europe.

Legal experts believe that a definitive loss for Google would embolden EU regulators to further crack down on large tech firms, particularly under the sweeping new Digital Markets Act (DMA), which came into force earlier this year. The DMA introduces stricter rules for so-called “gatekeeper” platforms that control access to key online ecosystems.

A Broader EU Antitrust Offensive Against Big Tech

The Android case represents just one front in the EU’s broader battle against major U.S. technology companies. Google has already faced multiple antitrust fines in Europe, including:

• €2.42 billion ($2.7 billion) in 2017 for prioritizing its own shopping comparison service in search results.
• €1.49 billion ($1.7 billion) in 2019 for anticompetitive practices in online advertising.

Combined, these penalties have cost Google more than €8 billion ($8.7 billion) over the past decade in EU antitrust actions alone. Similar investigations have been opened against Apple, Amazon, Meta, and Microsoft as Brussels intensifies regulatory scrutiny over Big Tech’s market power.

The Stakes Ahead

If the ECJ ultimately upholds the fine, Google’s legal options within the EU would be exhausted, cementing the ruling as one of the most significant antitrust defeats in the tech industry’s history. It would also signal Europe’s determination to rein in the dominance of tech giants and ensure fairer market conditions for competitors and consumers.

Industry observers say the outcome could also encourage regulators in other jurisdictions, including the United States, where Google is facing multiple antitrust lawsuits related to its search and advertising businesses.

As global regulatory pressure mounts, the case underscores the growing tension between rapid technological innovation and the need for stronger oversight of digital markets with immense global reach.