European Union: Issued EGC ruling in Google's appeal challenging European Commission's fine for alleged abusive online advertising practices (Google and Alphabet v Commission) (T-334/19)

On 18 September 2024, the European General Court annulled the European Commission's decision to impose a fine of nearly EUR 1.5 billion on Google for abusing its dominant position through its AdSense for Search service. The Commission had argued that Google restricted competition by including exclusivity, placement, and prior authorisation clauses in its contracts with website publishers, preventing them from displaying ads from competing services. While the Court upheld most of the Commission’s findings, it annulled the fine, stating that the Commission failed to fully assess the duration of the restrictive clauses and whether publishers had opportunities to engage with Google’s competitors. The Court found that the Commission did not sufficiently prove that the clauses had a foreclosure effect or harmed competition in the market for online search advertising intermediation in the European Economic Area.