EU Court of Justice confirms Google €4.1 billion Android fine

The Court of Justice of the European Union has brought a long-running legal fight between the European Commission and Google to a close. The Mountain View company will have to pay a €4.1 billion fine.

After eight years, the saga is over. The Court of Justice of the European Union (CJEU) has issued its final ruling: Google must pay a substantial penalty for abusing a dominant position, thereby upholding the European Commission’s 2018 decision.

In 2018, Google was hit with a €4.34 billion fine, a figure later cut to €4.1 billion in 2022. The company appealed to the CJEU, based in Luxembourg. The Court has now upheld the initial finding: the fine must be paid.

"The appeal brought by Google and its parent company, Alphabet, against the judgment of the General Court is dismissed, thus confirming the sanction imposed on Google Search for abuse of a dominant position in the context of the Android operating system."

Google in the European Union’s sights

At the heart of the case is what the EU considers Google’s abuse of a dominant position within the Android ecosystem. Google has been accused of favouring its own services-such as requiring users to link a Google account to access the Play Store, or automatically installing Chrome and Google Search on phones.

Things have since changed: users are now offered a choice at first start-up. However, for a long period Chrome was the default browser on Android, leaving limited room for competitors.

Android: what Google was accused of, and its response

Google argued that its ecosystem is open. For instance, users can download a different browser or choose another search engine if they want. The company also pointed to its main rival, Apple, saying it offers no more choice.

The Court rejected that line of defence, to Google’s disappointment. The Mountain View firm said:

"We have adapted our agreements in order to comply with the initial 2018 decision, and we remain focused on continued innovation and transparency for the benefit of our users, partners and developers."

With this outcome, Google is now definitively found liable, as an appeal to the Court of Justice of the European Union was the final option available.

Other proceedings and fines across Europe

As Reuters notes, Google has accumulated nearly €11 billion in fines in Europe over the past ten years. A financial hit that is unlikely to end soon.

This case has also triggered further legal action across the continent. By coincidence of timing, the company was ordered to pay a €1.7 billion fine in Sweden (€1.3 billion plus interest). It is accused of promoting its own price-comparison service to the detriment of a local competitor owned by Klarna. There is little doubt that this sort of case could become more frequent.