Google faces EU court blow in $5 billion Android antitrust case: Details here

Alphabet’s Google is bracing for another legal setback in Europe after a senior adviser to the EU’s top court sided with antitrust regulators in a long-running case over its Android operating system.

The case concerns a record €4.34 billion ($4.98 billion) fine imposed by the European Commission in 2018, which found that Google had unlawfully used Android to cement its dominance in search and mobile services.

As reported by Reuters, Advocate-General Juliane Kokott at the Court of Justice of the European Union (CJEU) advised judges to dismiss Google’s appeal and uphold a reduced €4.1 billion ($4.7 billion) fine set by a lower tribunal in 2022.

Legal setback

Kokott’s opinion is not legally binding, but EU judges follow such recommendations in four out of five cases. A final ruling is expected in the coming months.

“The legal arguments put forward by Google are ineffective,” Kokott said in her statement, as quoted by Reuters.

She rejected Google’s argument that regulators should assess its conduct by comparing it to a hypothetical “as-efficient competitor.”

“It is not realistic to compare Google’s position with a hypothetical rival in this context. Google held a dominant position in several Android-related markets and benefited from strong network effects,” she told Reuters.

What the case is about?

The case centres around Android, Google’s mobile operating system, which powers around 73 per cent of global smartphones, according to Statcounter.

The European Commission’s 2018 decision found that Google had abused its dominance by:

• Forcing device manufacturers to pre-install Google Search and Chrome browser alongside the Google Play Store.
• Blocking manufacturers from using alternative, non-Google versions of Android.
• Offering financial incentives to pre-install only Google Search, crowding out competition.

These practices, according to the Commission, restricted consumer choice and stifled innovation by preventing rivals from gaining a foothold in mobile ecosystems.

Google’s response

Google, which has maintained Android as a free and open-source platform, criticised the opinion. A spokesperson said to Reuters that, “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,” the spokesperson told Reuters.

The bigger picture

The Android case is one of three major antitrust battles Google has faced in the European Union over the past decade.

Combined, they have resulted in €8.25 billion ($9.47 billion) in fines to date, making Google the EU’s most heavily penalised Big Tech company.

Previous EU antitrust fines against Google:

Why it matters

This case could set a precedent for how dominant tech firms are allowed to bundle services within their ecosystems. It’s also central to the EU’s broader campaign to rein in the power of Big Tech under its Digital Markets Act (DMA), which seeks to impose stricter obligations on so-called “gatekeepers.”

Legal analysts say if the final judgment aligns with Kokott’s opinion, it could embolden regulators across the EU and elsewhere to take more aggressive action against platform bundling and default service arrangements, as per Reuters.

What’s next?

The final ruling from the CJEU in the case C-738/22 P Google and Alphabet v Commission is expected later this year.

While the judgment will close the chapter on this specific Android case, Google continues to face additional antitrust investigations in both the EU and the US over its advertising and app store businesses.

Meanwhile, Brussels is already preparing for the enforcement phase of the Digital Markets Act, which could lead to new compliance demands for Google, Apple, Meta, Amazon, and others.

(With inputs from the agencies)