The Court of Justice of the European Union Upholds Google's €4.1 Billion Android Antitrust Fine

The Court of Justice of the European Union ("CJEU") dismissed the appeal brought by Google and Alphabet against the judgment of the General Court and upheld the fine of approximately €4.1 billion imposed by the European Commission for Google's abuse of its dominant position in relation to the Android operating system.

The judgment highlights the following points:

• The CJEU confirms that the General Court correctly assessed the anticompetitive effects of Google's Android agreements, including the pre-installation conditions requiring manufacturers to pre-install Google Search and Google Chrome on Android devices.
• The Court holds that the General Court was entitled to consider the overall economic context of Google's conduct, including the revenue-sharing agreements, without being required to examine each contractual arrangement separately.
• It is confirmed that the Commission correctly concluded that Google's practices restricted competition by strengthening barriers to market entry and reinforcing Google's dominant position in the markets for general search services and Android app distribution.
• The Court further finds that establishing an abuse of a dominant position does not require proof that equally efficient competitors were entirely excluded from the market, particularly in the specific context of digital markets.
• Accordingly, the CJEU dismisses Google's appeal in its entirety and confirms the General Court's judgment upholding the revised fine of approximately €4.1 billion imposed by the European Commission.

You can access the full text of the judgment here.