Advocate General Juliane Kokott has advised the Court of Justice of the European Union (CJEU) to reconsider the 2024 annulment of a €1.49 billion antitrust fine against Google. The penalty, originally imposed by the European Commission in March 2019, concerns the company's AdSense business practices.
In September 2024, the EU General Court had previously annulled the fine, citing inadequate assessment of Google's conduct by the Commission. The Commission subsequently appealed this decision to the CJEU, the highest judicial body in the European Union.
Kokott recommended that the CJEU reject the lower court's annulment and remand the case for further review. She also suggested that if the fine is upheld, the amount should be reduced, noting that Google removed the contested contract clauses in 2016.
While the opinion is non-binding, the CJEU frequently aligns with its advocate general. This case is one of six antitrust actions brought against Google by the EU, which have resulted in combined penalties of €10.38 billion over nearly two decades.
A final ruling from the CJEU is expected in 2027. The court may choose to remand the case, determine its own penalty amount, or uphold the 2024 decision to annul the fine entirely.
