Google has lost its final appeal against a multibillion-euro European Union antitrust penalty, as the bloc’s highest court upheld a €4.1 billion fine over the company’s Android business practices in a landmark ruling that strengthens Europe’s oversight of major technology companies.
The Court of Justice of the European Union on Thursday dismissed the appeal brought by Google and its parent company, Alphabet, confirming an earlier judgment that found the company had abused its dominant position in the Android mobile operating system market.
The case dates back to 2018, when the European Commission imposed a record €4.34 billion fine after concluding that Google had used contractual agreements with smartphone manufacturers to cement the dominance of its search engine and other services.
According to the Commission, Google required device makers using Android to pre-install Google Search, the Chrome web browser and the Google Play Store on their smartphones. Regulators also found that manufacturers were discouraged from producing devices using modified versions of Android developed by rivals, limiting competition in the mobile software market.
Google challenged the decision, and in 2022 the EU’s General Court largely upheld the Commission’s findings while reducing the penalty to €4.1 billion. The company then appealed to the Court of Justice, the EU’s highest judicial authority.
In its ruling, the court rejected Google’s arguments and confirmed that the company had abused its market position through its Android-related practices.
“The appeal brought by Google and its parent company Alphabet against the judgment of the General Court is dismissed, thereby confirming the penalty imposed for Google Search’s abuse of a dominant position in the context of the Android operating system,” the judges said.
Following the decision, Google expressed disappointment with the outcome, arguing that the judgment did not fully recognize its investment in keeping Android open and freely available to device manufacturers.
A company spokesperson said Google had already modified its agreements after the European Commission’s original decision in 2018 and remains committed to innovation, openness and supporting users, partners and developers.
The ruling marks another significant setback for Google in Europe, where the company has accumulated nearly €11 billion in antitrust fines over the past decade involving a range of competition cases.
The decision also comes as European regulators continue to increase scrutiny of large technology firms under the Digital Markets Act. Google is currently facing additional investigations over allegations that it gives preferential treatment to its own products and services in search results and over certain practices linked to its app marketplace.
Thursday’s judgment is expected to reinforce the European Union’s efforts to curb the market power of dominant digital platforms and promote greater competition across the technology sector.
