Google’s bid to overturn its record €4.1 billion ($4.7 billion) antitrust fine appears close to defeat after Juliane Kokott, the advocate general at the European Court of Justice (ECJ), issued a non-binding opinion on Thursday recommending the court reject the company’s appeal.
Kokott urged the judges to uphold the lower court’s ruling, backing the European Commission’s case against Google.
“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 Luxembourg-based ECJ said in a press release Thursday.
While non-binding, the opinion is followed by the ECJ in around 80% of its cases. A final decision is expected later this year.
If the court sides with Kokott, it will bring the curtain down on one of the EU’s most high-profile antitrust fights in tech.
Commission acts on Android antitrust concerns
The fine is the legacy of a 2018 determination by the European Commission. At the center of the case is Google’s Android operating software, which runs about three-fourths of the world’s smartphones.
The Commission said the tech firm leveraged the dominance of Android to force handset makers to enter into restrictive contracts. These contracts stipulated that manufacturers must pre-install Google’s apps, including Chrome and Search, as a condition of being able to feature the Play Store. The EU claimed this was unfair to rivals and restricted consumer choice.
At the time, Margrethe Vestager, the Commission’s competition chief, said that Google had used Android to cement its search engine’s dominance.
The EU’s €4.34 billion fine was the largest ever levied against a single company. In 2022, the EU’s General Court trimmed it slightly to €4.125 billion but confirmed the main points.
The tech firm fought back by appealing to the ECJ, the EU’s highest court. The tech firm has defended its practices throughout the legal battle, asserting they are good for users and manufacturers.
The company has countered that Android drives innovation and competition because it allows device makers to create custom experiences while offering access to popular Google services. It also noted that users can install substitute apps if they wish.
In earlier comments, the tech company said it was pleased that the Commission agreed Android was an open platform and would remain so.
But EU regulators have maintained their position. They say Google’s licensing terms unfairly closed off competition and entrenched its power in search and mobile browsers.
The internet giant did not immediately comment on Kokott’s opinion on Thursday.
EU steps up tech regulation
The case is among Europe’s regulators’ broader crackdown on Big Tech. The European Union has emerged as one of the world’s most aggressive watchdogs over digital competition, privacy, and the accountability of platforms.
Google has already been fined multiple times in the European Union, to the tune of more than €8 billion. Besides the Android case, the company has been fined for Google Shopping and AdSense.
More recently, the Digital Markets Act (DMA), a sweeping EU legislation that started applying in 2024, has stricter rules for major tech players like Google, Apple, Amazon, and Meta. They aim to prevent large platforms from preferencing their services or detaining consumers in their ecosystems.
Decisions like the Android ruling could help define how far the European Union will be able to push the tech giants on competition law grounds.
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