The European Court of Justice on Thursday upheld a 4.1 billion euro ($4.7 billion) antitrust fine against Google over practices tied to its Android operating system, ending the company’s second attempt to overturn the penalty.
In a statement, the court said, “The Court of Justice dismisses the appeal brought by Google and Alphabet… thereby confirming the penalty imposed on them.” Alphabet, Google’s parent company, was found jointly liable for part of the fine.
The European Commission, the European Union’s antitrust regulator, imposed the penalty in 2018 after accusing Google of abusing Android’s market position to restrict competition. It said Google required phone makers using Android to pre-install its search engine and Chrome browser, limiting rivals.
The commission originally set the fine at 4.3 billion euros. In 2022, the General Court, the EU’s second-highest court, upheld the findings but reduced the amount to 4.1 billion euros, still the bloc’s largest antitrust fine.
Google argued before the Luxembourg-based court that the case lacked merit and that the sanction penalized innovation. In earlier proceedings, it also said the EU had overlooked Apple’s practice of favoring its own services, including Safari on iPhones, and argued Android users were free to download competing apps.
The court said the lower court “did not err in law when assessing the anticompetitive effects of the pre-installation conditions laid down by the Android agreements.” It rejected Google’s other arguments and ordered the company to pay the commission’s legal costs.
Google said the judgment failed “to recognise our significant investment to ensure Android remains open, interoperable and free.”
“In any event, we adapted our agreements to comply with the initial decision back in 2018 and we remain focused on continued innovation and openness for our users, partners and developers,” a company spokesperson said.
The ruling followed a nonbinding opinion from the EU court’s adviser in June last year recommending that the fine be upheld and describing Google’s arguments as “ineffective.”
The bloc has since adopted the Digital Markets Act, which sets rules for large online platforms. Google is already facing several formal probes under that law, and in September it was fined 2.95 billion euros in another competition case involving its advertising services.
That decision drew criticism from President Donald Trump, who has accused Brussels of unfairly targeting American companies and has threatened retaliatory tariffs on EU exports.