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Google Faces Setback as EU Court Adviser Supports Antitrust Regulators

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Alphabet’s Google encountered a potential setback on Thursday after an adviser to Europe’s highest court sided with EU antitrust regulators over a landmark €4.34 billion ($4.98 billion) fine imposed seven years ago.

The European Commission ruled in 2018 that Google had abused its dominant position by using its Android mobile operating system to block competitors. While a lower court upheld the ruling in 2022, it slightly reduced the fine to €4.1 billion. Google subsequently appealed to the Court of Justice of the European Union (CJEU).

Juliane Kokott, Advocate-General at the Luxembourg-based CJEU, issued a non-binding opinion recommending the court reject Google’s appeal and confirm the reduced fine. Kokott stated, “The legal arguments put forward by Google are ineffective.”

She dismissed Google’s claim that regulators should assess the situation by comparing Google with a hypothetical, equally efficient competitor. Kokott explained, “Google held a dominant position in several markets of the Android ecosystem and thus benefited from network effects that enabled it to ensure that users used Google Search.”

Judges typically follow the Advocate-General’s opinion in about 80% of cases. A final ruling is expected in the coming months.

Google responded by emphasizing Android’s role in creating choice and supporting businesses globally, expressing disappointment with the opinion. A spokesperson said, “If followed by the Court, [the opinion] would discourage investment in open platforms and harm Android users, partners, and app developers.”

The regulators’ investigation found Google had imposed illegal practices dating back to 2011, including requiring manufacturers to pre-install Google Search and Chrome browser alongside Google Play on Android devices. Google also paid manufacturers to pre-install only Google Search and prevented the use of rival Android systems.

Google’s Android runs on approximately 73% of the world’s smartphones, according to Statcounter.

This fine is part of a broader enforcement effort against Google, which has amassed €8.25 billion in penalties across three antitrust cases over the past decade, with additional investigations ongoing.

Case Reference: C-738/22 P Google and Alphabet v Commission

Microsoft’s Office-Teams Unbundling May Help Avoid EU Antitrust Fine

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Microsoft appears poised to avert a significant EU antitrust penalty as regulators are likely to accept its latest concessions regarding the bundling of Office and Teams, according to three sources familiar with the situation. This development follows sustained pressure from European competitors and comes amid growing transatlantic tensions over the EU’s scrutiny of American tech giants.

The case dates back to a 2020 complaint from Slack, owned by Salesforce, which accused Microsoft of gaining an unfair competitive edge by bundling its Teams app with its dominant Office productivity suite. German rival alfaview filed a similar complaint in 2023, intensifying the European Commission’s investigation.

In response, Microsoft unbundled Teams from Office in 2023, initially offering a 2-euro price reduction for Office without Teams and setting a 5-euro monthly price for Teams as a standalone product. After criticism from rivals that this pricing strategy was inadequate, Microsoft adjusted the terms again in February 2024 to widen the price gap and address antitrust concerns.

Sources indicate that Microsoft’s latest proposal also includes enhanced interoperability to allow rival platforms to better integrate with Microsoft’s ecosystem — a key demand from competitors seeking a level playing field.

The European Commission is expected to launch a market test in the coming months to gather feedback from industry stakeholders before issuing a final decision. While outcomes may still shift depending on this feedback, the current offer appears likely to satisfy EU regulators.

Despite having already paid over €2.2 billion in fines for bundling practices and other competition violations in the past, Microsoft has not commented publicly on the current negotiations.

This case unfolds against a backdrop of geopolitical friction, as former U.S. President Donald Trump has threatened retaliatory tariffs on countries that impose penalties on American tech firms, adding a layer of diplomatic complexity to the EU’s enforcement actions.