The Court of Justice of the European Union (ECJ), the highest court in Europe, has ruled to dismiss Google and its parent company Alphabet's appeal, upholding the original decision to fine Google €4.1 billion (approximately 155 billion baht) for monopolistic and anti-competitive behavior through the Android operating system. This amount remains the highest antitrust fine ever imposed by the European Commission.
The case began in 2018 when the European Commission, the regulatory authority overseeing antitrust matters among the 27 member states, fined Google €4.34 billion. It accused Google of abusing its dominant position by forcing smartphone manufacturers to pre-install Google Search, the Google Chrome browser, and the Google Play app store on devices, unfairly blocking opportunities for competitors.
In 2022, the European General Court upheld the allegations but slightly reduced the fine to €4.1 billion. Google then appealed to the ECJ, which found no legal error in the lower court's ruling regarding anti-competitive impacts, dismissed the appeal, and ordered Google to cover all legal costs of the European Commission.
Following the verdict, a Google spokesperson expressed disappointment, stating the court's decision ignored the fact that the company has heavily invested to keep Android an open operating system, interoperable with all parties and free to use.
The Google spokesperson said, "Regardless, we have modified our agreements and contracts with partners to comply with the initial ruling since 2018, and we remain committed to advancing innovation and openness for users, partners, and developers."
Previously in court, Google argued that the European Union was discriminatory, ignoring similar practices by competitors like Apple, which favors its own services such as the Safari browser on iPhones. Google also claimed consumers were not forced to use its products since downloading competitor apps is easily done with a single click.
Agustin Reyna, director general of BEUC, the European Consumer Organisation, welcomed the ruling as a "major victory for Europe," but called for faster action to regulate the influence of big tech companies. "For years, Android users have been steered toward Google Search and Chrome, leaving little room for smaller companies or competitors to grow and challenge, even when they offer better innovation or more secure privacy settings," he said.
This defeat is just one battle in a series of legal confrontations between Google and the European Union. Between 2017 and 2019, Google was fined over €8.2 billion in various antitrust cases by the EU, and in September it was fined another €2.95 billion for favoring its own advertising services.
These continuous rulings have provoked strong displeasure from former U.S. President Donald Trump, who harshly accused the European Union of unfairly targeting American tech companies and repeatedly threatened retaliatory measures including tariffs on European exports.
Currently, the European Union has strengthened its legal arsenal with the Digital Markets Act (DMA), which clearly defines what large tech companies can and cannot do online, without lengthy investigations. Google is currently under formal review for several cases under this new law.