Google knocked back again in €4.1 billion EU antitrust case

Advocate general sides with European Court of Justice

Google's prolonged legal struggle to overturn a record-setting antitrust fine has encountered another hurdle, after an adviser to the EU's top court sided with regulators.

Juliane Kokott, the advocate general at the European Court of Justice (ECJ), recommended that the court dismiss Google's appeal and uphold the judgement of the General Court, which found that the tech giant abused its dominance in the Android mobile ecosystem.

The European Commission initially set the fine at €4.34 billion in 2018, though it was slightly reduced in 2022 to €4.125 billion.

"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 press release [pdf] on Thursday.

Kokott concluded that Google held a "dominant position in several markets of the Android ecosystem" and leveraged that dominance to bolster usage of Google Search, benefiting from powerful network effects.

"As a result, Google obtained access to data that enabled it in turn to improve its service," she added.

While Kokott's opinion is non-binding, the advocate general’s recommendations often carry substantial influence – with ECJ judges historically following such advice in approximately 80% of cases.

A final ruling is expected within the next few months.

In response to the advocate general’s decision, Google argued that it "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," a Google spokesperson told CNBC.

That may be true, but the ECJ’s argument appears to be that the creation of choice does not absolve Google of abusing its position.

The fine stems from a landmark antitrust case in 2018, when the European Commission accused Google of leveraging Android's market dominance to cement the supremacy of its search engine and other services through a trio of anti-competitive practices.

Regulators found that Google:

1. Compelled smartphone manufacturers to pre-install the Google Search app and Chrome browser as a condition for licensing its Play Store.
2. Made financial incentives to major device makers and telecom operators in exchange for exclusive pre-installation of Google Search.
3. Obstructed competition by preventing manufacturers from using alternative, non-approved versions of Android.

The case formed one of the four pillars of former EU competition chief Margrethe Vestager's crackdown on the rising influence of US tech firms

Before being succeeded by Spanish politician Teresa Ribera, Vestager fined Google over €8 billion across multiple cases.

Google's legal team continues to insist that its business success stems from product excellence rather than coercion.

During the January 2025 appeal hearing, Google's lawyers argued that the company had been penalised for "superior merits, attractiveness and innovation," rather than any unlawful conduct.

The ECJ's eventual decision is expected to have long-lasting implications for Android's business model – which traditionally offers free software to smartphone manufacturers in return for compliance with Google's app bundling terms.

A ruling against Google could force a major restructuring of how the company licenses and distributes its mobile services in Europe.

In parallel with the ongoing antitrust battle, Google is also under the microscope of the EU's new Digital Markets Act (DMA) – a sweeping regulation that enforces strict behavioural rules on digital "gatekeepers."

In March, EU officials issued a stern warning to Google over allegations that it favoured its own services in search results and restricted app developers from directing users to alternative purchasing channels outside of Google's Play Store.