Google asks court to annul EU antitrust fine of €4.1 billion

Google has objected to a €4.1 billion fine at the Court of Justice of the European Union (CJEU), asking the judges to annul the decision.
In 2018, the European Commission imposed a €4.3 billion fine onto Google for allegedly abusing the market power of its Android ecosystem. The Mountain View-based tech company forced smartphone manufacturers to install certain Google apps if they wanted to install Android on their devices, such as its web browser Chrome and the Google Search app.
Google appealed this decision at the General Court, but to no avail. In September 2022, the Court largely confirmed the Commission’s decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine. It did lower the fine from €4.3 billion to €4.125 billion.
“We are disappointed that the Court did not annul the decision in full. Android has created more choice for everyone, not less, and supports thousands of successful businesses in Europe and around the world,” a Google spokesperson said at the time.
On Tuesday, an appeals hearing took place at the CJEU, Europe’s highest court. According to press agency Reuters, Google’s lawyers argued that the European Commission made “grave errors” and failed to take into account that Android’s success stemmed from successful innovation rather than brute force.
“Google does not contest or shy away from its responsibility under the law, but the Commission also has a responsibility when it runs investigations, when it seeks to reshape markets and second-guess pro-competitive business models, and when it imposes multi-billion-euro fines,” Google lawyer Alfonso Lamadrid told the judges of the CJEU.
He added that the European Commission “failed to discharge its burden and its responsibility and, relying on multiple errors of law, punished Google for its superior merits, attractiveness and innovation”.
Lastly, Lamadrid argued that pre-installing Google Search, Chrome and Google Play Store, and preventing manufacturers from using rival Android operating systems Google “did not restrict competition”, but rather fostered it.
EU lawyers defended their decision, accusing Google of implementing a “carrots and sticks strategy” in their dealings with phone manufacturers.
The CJEU will rule in the coming months.
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