Google has suffered a major setback in its appeal against €4.12 billion (US$4.7 billion) antitrust fine imposed by the European Commission, with Advocate General at the European Court of Justice (ECJ) Juliane Kokott recommending that the appeal be dismissed.
“In her opinion delivered today, Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and, therefore, uphold the judgment of the General Court,” the ECJ said in a statement.
The fine, originally set at €4.34 billion in 2018 and later slightly reduced by a lower EU court, was handed down after regulators found that Google abused its dominance in the Android mobile operating system market by imposing contractual restrictions on device manufacturers that favored Google’s own services, which stifled competition and reduced consumer choice.
Kokott’s non-binding opinion holds that Google held a dominant position across multiple markets in the Android ecosystem and benefited from network effects that enabled it to ensure users primarily engaged with Google’s services. She argued that Google’s challenge to the fine is unfounded and advised the ECJ judges to uphold the lower court’s ruling and confirm the penalty.
Google expressed disappointment with the ECJ Advocate General’s verdict. A spokesperson for the company said the verdict “would discourage investment in open platforms and harm Android users, partners and app developers.”
“Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world,” the spokesperson added.
While the Advocate General’s opinion is not legally binding, ECJ judges often follow these recommendations, meaning it is likely Google will lose the appeal. A final judgment is expected in the coming months.