Google has suffered a setback in its legal battle with the EU after an adviser to the bloc’s top court backed a €1.49 billion ($1.7 billion) antitrust fine against the company. The penalty was earlier imposed over Google’s online advertising practices. It was overturned by a lower court in 2024. However, the EU is now challenging the decision.
Setback for Google as EU adviser questions decision overturning the fine
The original case dates back to 2019, when the European Commission accused Google of using unfair practices in the online search advertising market. It was particularly blamed for restricting competition. The watchdog said the company used clauses in the contract to prevent rival advertisers from placing ads on its websites. Google allegedly used the clause to maintain its dominant position in the market.
Google‘s AdSense platform provides search advertising to publishers. After the EU issued a notice to the company, it removed the disputed clauses from its agreements in 2016. Despite this, the Union continued its case against the company. After all, it imposed a $1.7 billion fine in 2019.
The final ruling is expected next year
Back in 2024, a General Court overturned the Commission’s decision. It also prompted Google to appeal to the Court of Justice of the European Union in Luxembourg.
In the latest move, Advocate General Kokott has criticised the lower court’s assessment. She said the court did not examine the criteria used to impose a fine on the company. However, her say is not a final decision. The Court of Justice of the European Union will have the final say. While it usually follows the recommendations of its advocates general, the final verdict cannot be predicted. The final decree is expected to be delivered next year, which will decide whether Google will have to pay the fine or not.
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