Top EU Court adviser suggests Google should lose bid to overturn €4.1 billion fine

Advocate General Juliane Kokott of the Court of Justice of the EU said Thursday that Google should lose its bid to overturn the bloc's record €4.1 billion antitrust fine for its Android mobile operating system.

Google's practice of imposing restrictions on Android device manufacturers and mobile network operators was part of an overall strategy to preserve its dominant position in search, Kokott said in an opinion.

"Very few undertakings achieve such renown that their name gives rise to a verb. This alone attests to the importance that Google has acquired in everyday life," she said.

The advocate general's opinion supports the European Commission's position that Google's actions, such as pre-installing its search app and Chrome browser, and restricting manufacturers from selling devices with modified versions of Android amount to market abuse.

Although her opinion is not legally binding, the European Court of Justice often follows the guidance of the advocate general, with a final decision expected later this year.

Google was initially fined €4.34 ($4.98) billion in 2018, the largest penalty resulting from antitrust probes into its operations. In 2022, the General Court lowered the fine to €4.125 ($4.73) billion, a reduction of €200 million that Kokott deemed appropriate.

While the lower court upheld the European Commission's overall findings, it reduced the fine due to flaws in how the EU measured the effects of Google's behavior. Google, however, contends that the court overstepped by effectively rewriting the Commission's conclusions regarding its ties to 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 Méchin.