EU AG Recommends Upholding EUR 4bn Fine against Google

Jul 4, 2025 Benn-Ibler Rechtsanwälte

In a decision issued on July 18, 2018, the European Commission imposed a fine of approximately EUR 4 billion on Google. The penalty was justified on the basis that Google had abused its dominant market position by enforcing anti-competitive contractual restrictions on mobile device manufacturers and mobile network operators.

Advocate General Kokott recommends that Google's appeal against this decision be dismissed and that the penalty for using abusive contractual clauses be maintained. Google imposed unlawful conditions on smartphone manufacturers and network operators, including the mandatory pre-installation of Google applications, the prohibition of alternative versions of Android, and restrictions on the use of competing search services.

Anti-competitive contractual restrictions imposed by Google

Google imposed several notable contractual restrictions. Firstly, manufacturers could only secure a license for Google's app store, Play Store, if they pre-installed Google's general search application, Google Search, and its browser, Chrome (referred to as ‘bundling’). Secondly, these manufacturers were required to refrain from selling devices equipped with unapproved versions of the Android operating system (‘anti-fragmentation’). Lastly, the share of advertising revenue allocated to manufacturers and network operators was contingent upon their agreement not to pre-install any other general search service on devices within a specific range (‘revenue sharing’).

Google contested the Commission’s decision before the General Court of the European Union (GCEU). On September 14, 2022, the Court annulled the decision only in relation to the provision on revenue sharing (third point). Google subsequently filed an appeal with the Court of Justice of the European Union (CJEU). Advocate General Juliane Kokott has recommended that the Court of Justice reject Google’s appeal and maintain the judgment of the General Court.

CJEU C-738/22 P (19.06.2025)