The Court of Justice of the European Union (CJEU) has dismissed Google’s final appeal against a €4.1 billion ($4.7 billion) antitrust fine, closing out an enforcement action that began with a European Commission decision in 2018. The case centered on how Google used Android licensing agreements to entrench its own products, specifically Chrome and Google Search, across the mobile ecosystem.

What the Commission Found

The original 2018 decision identified three categories of anticompetitive conduct:

  • Requiring device manufacturers to pre-install Google Search and Chrome as a condition for licensing the Play Store.
  • Prohibiting manufacturers from shipping devices running unapproved Android forks, enforced through anti-fragmentation agreements.
  • Offering revenue-sharing arrangements contingent on the exclusive pre-installation of Google Search.

How the Fine Reached Its Current Level

The Commission initially imposed a fine of €4.34 billion. In 2022, the General Court partially annulled findings related to certain revenue-sharing agreements, trimming the penalty to €4.125 billion while upholding the core of the Commission’s ruling. Google appealed that outcome to the CJEU, which has now affirmed the lower court’s judgment.

The CJEU determined that the General Court correctly assessed the anti-competitive effects of the Android agreements, was not obligated to conduct a counterfactual analysis in every instance to establish abuse of dominance, and was right to conclude that pre-installation and anti-fragmentation clauses restricted competition and strengthened Google’s market position.

Google’s Position

Google issued a statement arguing that Android promotes consumer choice, remains an open and interoperable platform, and is available free of charge. The company contended that the Commission’s decision does not reflect the current competitive landscape, citing intense rivalry from Apple’s iOS and competition among Android device manufacturers on features, functionality, and pricing.

Google also noted that it revised its contractual practices in 2018 following the original decision, introduced additional user-choice measures in 2021, and implemented more than 20 product changes after the Digital Markets Act took effect in 2024, including expanded choice screens for users.

Significance for the Industry

The ruling marks the end of the legal road for one of the largest antitrust fines ever levied against a technology company in Europe. For security and compliance professionals, the case serves as a concrete example of how platform control mechanisms, particularly pre-installation requirements and anti-fragmentation clauses, can attract regulatory scrutiny when exercised by a dominant market participant.