European Union: Issued Court of Justice Ruling on Google for Abuse of Dominance Regarding Comparison Shopping Service (Google and Alphabet v Commission)

On 10 September 2024, the Court of Justice of the European Union (CJEU) issued a ruling in Google's appeal against the EUR 2.42 billion fine originally imposed in 2017 by the European Commission and subsequently upheld by the General Court. Previously, it was found that Google had put search results from its own shopping services in preferred positions relative to its competitors. According to the Court of Justice, while EU law does not sanction the existence of a dominant position as such, it does prohibit the practice which hinders, other than by competition on the merits, the maintenance or growth of competition in a market where competition is weakened because of the presence of undertakings in a dominant position. In the present case, the CJEU found that the General Court had correctly established that Google's conduct was discriminatory in light of market characteristics and the circumstances of the case.