European Union: Issued Opinion by Advocate General on Google for Abuse of Dominance Regarding Comparison Shopping Service (Google and Alphabet v Commission)

On 11 January 2024, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion on Google's appeal challenging the EUR 2.42 billion fine originally imposed in 2017 by the European Commission and subsequently upheld by the General Court. According to the Advocate General, Google's conduct constitutes an independent form of abuse through the application of unreasonable conditions of access to its shopping comparison service. The company is alleged to have used its algorithms unfairly to promote its own price comparison shopping service, thereby distorting competition. Furthermore, the criteria used to identify abuse through the denial of access to an "essential facility" do not apply to this type of abuse. The Advocate General's Opinion is not binding and only proposes a legal solution to the case brought before the court. The Court of Justice will issue the final judgment on the case.