The EU Court confirms, to a large extent, the decision of the European Commission according to which Google “has imposed illegal restrictions on Android mobile device manufacturers and mobile network operators, in order to consolidate the dominant position of its search engine”.
This is stated in a note in which it is added that “in order to take better account of the gravity and duration of the infringement, the Court nevertheless judges it appropriate to impose a fine on Google of 4.125 billion euros at the end of a reasoning that differs, on some points, from that of the Commission “.
This is a slight tweak when you consider that the latter had imposed a fine of approximately 4.343 billion on Google, which is the most important fine ever imposed in Europe by a competition supervisor.
The case arose from some complaints in Brussels about certain Google business practices in the mobile internet. In July 2018, the Commission sanctioned the company for abusing its dominant position by imposing anticompetitive contractual restrictions on mobile device manufacturers as well as mobile network operators, for some as early as 1 January 2011. These restrictions were all intended to protect and strengthen Google’s dominant position in generic search services and, therefore, the revenue obtained by this company through advertisements linked to these searches.
The appeal brought by Google was essentially dismissed by the Court, which confines itself to annulling the decision only in so far as it finds that the agreements for the sharing of turnover by portfolio are, in themselves, an abuse. Taking into account the specific circumstances of the case, the Court considers it equally appropriate, in application of its jurisdiction extended to the merits, to determine the amount of the fine imposed on Google as equal to 4.125 billion.