Alphabet’s Google is staring at a significant legal defeat after a top adviser to the European Union’s highest court sided with regulators in a long-standing antitrust dispute. The case stems from a landmark 2018 decision by the European Commission, which fined Google a record 4.34 billion euros ($4.98 billion) for allegedly abusing its dominance through the Android mobile operating system.
The European Commission concluded that Google had imposed illegal restrictions on Android device manufacturers and mobile network operators. These restrictions were said to have cemented Google’s dominance in general internet search, effectively marginalizing competitors. Key practices included requiring manufacturers to pre-install Google Search and Chrome as a condition for licensing the Google Play Store.
In 2022, the General Court Europe’s second-highest court upheld the Commission’s core finding but slightly reduced the fine to 4.1 billion euros, citing some calculation errors. Google, maintaining that its business practices supported rather than stifled competition, escalated the case to the European Court of Justice (ECJ), the EU’s top judicial authority.
However, in a non-binding opinion issued Thursday, Advocate General Juliane Kokott backed the Commission’s stance. She affirmed that Google’s conduct constituted an abuse of dominance and that the company’s contractual obligations limited manufacturer choice, ultimately harming competition and consumers.
While the opinion is advisory, the ECJ often follows such recommendations in its final rulings, which are expected in the coming months. If upheld, the ruling would reinforce the EU’s tough stance on Big Tech and set a precedent for further regulatory scrutiny across the bloc.
This setback comes at a time when Google, along with other tech giants, faces mounting antitrust pressure globally, including from U.S. and Indian regulators. The outcome of this case could influence similar probes into how dominant platforms manage their ecosystems.
The European Commission welcomed the opinion, while Google reiterated its position that Android has expanded rather than restricted competition by offering manufacturers and consumers more choices.
As the digital landscape evolves, the case underscores a pivotal question: should tech giants be allowed to leverage their platforms to reinforce market dominance, or should competition laws rein them in to ensure a level playing field?
