Google’s chances of reversing a record-breaking €4.12 billion EU antitrust fine were significantly diminished on Thursday after a top legal advisor to the European Court of Justice recommended that the penalty be upheld, reinforcing long-standing accusations that the tech giant used its Android operating system to stifle competition.
Juliane Kokott, advocate-general at the EU’s highest court, issued a legal opinion supporting the European Commission’s landmark 2018 decision. The Commission found that Google had imposed unlawful restrictions on Android device manufacturers and mobile network operators in order to entrench its dominance in internet search.
Although Kokott’s opinion is not legally binding, the European Court of Justice (ECJ) follows such recommendations in the majority of cases, making it likely the court will formally back the European Commission’s decision later this year.
The ruling delivers a substantial boost to Brussels regulators as they step up efforts to enforce stricter oversight of Big Tech under the EU’s new Digital Markets Act. The decision also adds momentum to the bloc’s broader regulatory campaign targeting large U.S. technology firms, including Apple, Meta, and Amazon.
The €4.12 billion fine — originally issued in 2018 and slightly reduced from an initial €4.34 billion after a partial appeal — is the largest antitrust penalty ever imposed by the European Commission. It forms part of a trio of major antitrust cases brought against Google by EU competition authorities over the past decade, which together have cost the Alphabet-owned company more than €8 billion in fines.
“This is a major symbolic and legal victory for the European Commission,” said an EU official familiar with the case. “It reinforces our position that dominant platforms must not abuse their market power to lock out rivals.”
While Google succeeded in overturning a €1.5 billion fine in a separate 2019 case concerning online advertising, the ECJ has already upheld the Commission’s decision to fine Google €2.42 billion for prioritizing its own shopping comparison service over competitors — a ruling that is now final.
In a statement following Kokott’s opinion, a Google spokesperson reiterated the company’s disagreement with the Commission’s original decision: “Android has created more choice for everyone, not less, and supports thousands of successful businesses in Europe and around the world.”
The Android case centers on Google’s contracts with phone makers that required them to pre-install Google Search and the Chrome browser as a condition for licensing the Google Play app store. The European Commission argued this limited competition and reinforced Google’s search monopoly.
Separately, EU regulators are nearing the conclusion of another major probe into Google’s dominance in the digital advertising market. That investigation, launched in 2023, focuses on whether Google unfairly restricts access to user data and ad inventory, and whether it favors its own ad tech stack over competitors.
The outcome of Thursday’s recommendation is likely to resonate well beyond the courtroom, as Brussels sharpens its tools to rein in the power of dominant digital platforms. As Kokott’s opinion makes clear, the EU remains committed to curbing what it sees as anti-competitive behavior in the tech sector — even as Silicon Valley companies, backed by allies including former U.S. President Donald Trump, continue to push back against EU oversight.
The final ruling from the European Court of Justice is expected later this year.
