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The
European Court of Justice's advocate general, Juliane Kokott,
recommended in a non-binding opinion that Google's appeal
against the fine worth more than 4 billion euros ($4.7 billion)
should be dismissed.
The case dates back to 2018, when the EU’s executive Commission
slapped Google with a 4.134 billion euro fine after finding that
the U.S. tech company used the dominance of its mobile Android
operating system to throttle competition and reduce consumer
choice.
After Google filed an initial appeal, a lower court trimmed the
penalty to 4.125 billion euros in 2022, which the company also
appealed to the Court of Justice.
Kokott advised that the Court of Justice confirm the fine and
uphold the lower court's judgment, according to a press release
summarizing her opinion.
Google said it was disappointed with the opinion, adding that if
the court follows it, 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," the company said in a statement.
Opinions from the advocate general aren’t legally binding but
are often followed by judges.
The judges “are now beginning their deliberations in this case.
Judgment will be given at a later date,” the court said.
The fine was one of three antitrust penalties totaling more than
8 billion euros that the European Commission slapped on Google
in the last decade, as the 27-nation bloc launched its crackdown
on Big Tech companies.
Google still faces a decision from Brussels in an antitrust case
targeting its digital ad business.
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