The Court of Justice of the European Union has rejected the appeal by Google and its parent company Alphabet against a long-running antitrust judgment related to the Android mobile operating system. The Luxembourg-based court confirmed a penalty of €4.1 billion previously upheld by a lower tribunal, closing the latest chapter in an enforcement action that began with a larger fine in 2018.
In 2018 the European Commission imposed a €4.34 billion fine, finding that Google's arrangements forced phone manufacturers to pre-install Google Search, the Chrome browser and the Google Play app store on Android devices and blocked them from using competing Android-based systems. After Google challenged that decision, a General Court trimmed the penalty to €4.1 billion in 2022; Google then brought the matter to the EU's highest court.
Judges at the Court of Justice dismissed the appeal, stating that the challenge to the General Court's judgment by Google and Alphabet was unfounded and confirming the penalty for what the court described as an abuse of a dominant position by Google Search in the context of the Android operating system.
Google issued a statement responding to the ruling, saying the judgment did not account for the company's investments to keep Android open, interoperable and free. The company noted that it adjusted its contractual arrangements to comply with the Commission's original 2018 decision and said it remains focused on innovation and openness for users, partners and developers.
The ruling arrives against a backdrop of extensive regulatory scrutiny in Europe. Google has already accumulated almost €11 billion in EU fines over past years for a range of antitrust infringements, according to the court documents and statements accompanying the case. The company also faces scrutiny under the Digital Markets Act, which targets practices alleged to favour its own services in search results and app store-related conduct - matters that could lead to additional penalties under the new regulatory regime.
The formal case reference for the matter is C-738/22 P Google and Alphabet v Commission. The confirmation of the €4.1 billion penalty marks a significant enforcement outcome for EU competition authorities regarding platform conduct and contractual terms imposed on device makers in the mobile ecosystem.
Context and next steps
- The Court of Justice's dismissal of Google's appeal upholds the penalty that had been reduced by a lower tribunal in 2022.
- Google states it modified agreements after the 2018 Commission decision and defends Android's openness and interoperability.
- European regulators continue to scrutinise Google for alleged preferential treatment of its own services and for app store practices under the Digital Markets Act.