Google Faces Defeat Over 6.5 Trillion Won Fine as European Court Adviser Recommends Dismissing Appeal

ECJ Advocate General Recommends Dismissing Appeal
Final Ruling Expected Within Months

According to reports from Bloomberg and other foreign media outlets on June 19 (local time), Google is increasingly likely to lose its lawsuit against the European Commission seeking to overturn a fine of 6.5 trillion won.

According to Bloomberg, Juliane Kokott, Advocate General at the Court of Justice of the European Union (ECJ), which is the highest court in the EU, recommended that the court reject Google's appeal against the 4.1 billion euro (approximately 6.5 trillion won) antitrust fine.

In her opinion, Kokott stated, "Google held a dominant position in several markets within the Android ecosystem," adding, "This allowed Google to create a structure that led users to use Google Search, and also gave the company access to data that could be used to improve its own services."

Although the Advocate General's opinion is not legally binding, the ECJ has generally reflected such recommendations in its final rulings. Therefore, this opinion is expected to work against Google. The final verdict is expected within a few months.

The legal battle between Google and the EU began in 2018. At that time, the European Commission determined that Google had abused its market dominance in the Android operating system (OS) by forcing smartphone manufacturers to pre-install Google applications (apps) such as Chrome and Google Maps in order to use the Google Play Store. As a result, the Commission imposed a fine of 4.34 billion euros. This was the largest penalty ever imposed by the EU for an antitrust violation.

Google filed a lawsuit the following year, but the General Court of the EU largely upheld the Commission's decision and did not accept Google's arguments. However, the fine was reduced by about 5% to 4.125 billion euros. Google then appealed to the ECJ.

In response to Kokott's latest recommendation, Google expressed disappointment, stating, "If the court follows this opinion, it will discourage investment and harm Android users."

Bloomberg noted, "Android has operated by providing free software while imposing certain conditions on smartphone manufacturers," and predicted that the upcoming ruling could have a significant impact on the future of the Android business model.