European Union: Advocate General issued an opinion recommending dismissal of Google’s appeal and upholding EUR 4.124 billion fine imposed over abuse of a dominant position

On 19 June 2025, the Advocate General adopted an opinion in case C-738/22 P, proposing that the European Court of Justice (ECJ) dismiss Google’s appeal and uphold the General Court’s judgment, which confirmed a revised fine of EUR 4.124 billion for abuse of dominant position in the Google Android case. The Commission’s 2018 decision found that Google imposed anticompetitive restrictions, including bundling Google Search and Chrome with the Play Store licence, anti-fragmentation obligations, and revenue-sharing conditions, to strengthen its dominance in general search services. The General Court partially annulled the decision regarding revenue sharing but maintained the finding of a single and continuous infringement, citing Google’s dominant position and network effects in the Android ecosystem. The Advocate General concluded that the General Court correctly assessed the bundling’s discriminatory impact and rejected the need for a counterfactual or as-efficient competitor analysis. The ECJ will now deliberate before issuing a final judgment.