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LONDON (AP) — Google faced a big setback Thursday in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving Android after a top court’s legal adviser sided with regulators.
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The European Court of Justice’s advocate general, Juliane Kokott, recommended in a preliminary opinion that Google’s appeal against the fine worth more than 4 billion euros ($4.7 billion) should be dismissed.
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The case dates back to 2018, when the EU’s executive Commission slapped Google with a 4.134 billion euro fine after finding that the U.S. tech company used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice.
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After Google filed an initial appeal, a lower court trimmed the penalty to 4.125 billion euros in 2022, which the company also appealed to the Court of Justice.
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Kokott advised that the Court of Justice confirm the fine and uphold the lower court’s judgment, according to a press release summarizing her opinion.
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Opinions from the advocate general aren’t legally binding but are often followed by judges.
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The judges “are now beginning their deliberations in this case. Judgment will be given at a later date,” the court said.
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The fine was one of three antitrust penalties totaling more than 8 billion euros that the European Commission slapped on Google in the last decade, as the 27-nation bloc launched its crackdown on Big Tech companies.
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Google still faces a decision from Brussels in an antitrust case targeting its digital ad business.
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