Kokott’s opinion reinforces the Commission’s view that Google’s conduct — including pre-installing its search app and Chrome browser, and preventing manufacturers from selling devices running modified versions of Android — constitutes a form of market abuse.
While her recommendations aren’t binding on the top court, judges frequently follow advice from advocates general. A final ruling could come later this year.
The search giant originally received a €4.34 billion fine in 2018, the largest in a string of investigations into its businesses. This number was reduced to €4.125 billion by the General Court in 2022. Kokott said that the lower court was correct to reduce the fine by €200 million.
The lower court backed the Commission’s probe, but trimmed the fine over what it saw as the EU executive’s deficiencies in measuring the impact of the conduct. Google has argued that the court went too far, rewriting the regulator’s own findings about the company’s relationship with device-makers and app developers.
The case is C-614/19 P Google and Alphabet vs. Commission (Android).