EU High Court Upholds EC Google Android Decision

The European Commission rightly decided that Google breached antitrust law by placing illegal restrictions on makers of Android mobile devices and mobile network operators to consolidate its dominant position in the search market, the European Court of Justice General Court ruled Wednesday. However, it reduced the fine set in the 2018 decision (see 1807180003) from 4.34 billion euros ($5.1 billion then) to 4.125 billion euros ($4.1 billion today). The EC found Google breached competition rules by imposing several contract restrictions: (1) It required mobile device manufacturers to pre-install its general search app (Google Search) and browser app (Chrome) in order to obtain a license to use its app store. (2) It barred manufacturers wishing to pre-install Google apps from selling devices running versions of Android not approved by Google. (3) It granted mobile device makers and MNOs a percentage of its advertising revenue only if they agreed not to pre-install a competing search service on any device within an agreed portfolio. The company contested the decision. The high court, however, upheld most of the EC judgment, annulling only the part that found the portfolio-based revenue share agreements themselves amounted to an antitrust abuse. It lowered the fine based on its own assessment of how intentional Google's actions were and the value of relevant sales the search giant made in the last years it fully participated in the infringement. Google emailed it's "disappointed that the Court did not annul the decision in full. Android has created more choice for everyone, not less, and supports thousands of successful businesses in Europe and around the world." The EC emailed that it "takes note of" the judgment and will decide on possible next steps. The ruling won cheers from consumers and Google competitors. It confirmed that European consumers must have a meaningful choice among search engines and browsers on their devices, said European Consumer Organisation Director General Monique Goyens. The decision vindicates the EC and the 2013 FairSearch complaint that started the case, FairSearch counsel Thomas Vinje emailed: "This victory will embolden the Commission in enforcing its new regulation in Big Tech, the Digital Markets Act."