Will Google escape $1.7 billion EU fine? Top court hears appeal

Google on Wednesday urged Europe's top court to scrap an EU antitrust fine worth €1.49 billion ($1.7 billion) in a recent development.

The dispute stems from the European Commission accusations, finding Google responsible for using restrictive contractual clauses in its AdSense platform between 2006 and 2016 to prevent competitors from placing search ads on publisher websites in a bid to overshadow their market dominance.

Therefore, the EU regulators are fighting to reinstate the aforementioned antitrust originally imposed on Google in 2019.

But in 2024, the EU General Court annulled the fine, ruling that the European Commission’s assessment was not accurate enough. In response, they appealed in the Court of Justice of the European Union against the ruling.

Both sides have maintained different positions. Google’s legal team argued that the EU’s arguments were flawed and they supported the decision upheld by the lower court decision.

"The Commission's new arguments are flawed. The General Court's reasons ​are clear and complete," the team told the panel of five judges.

On the other hand, the EU regulators maintained that the lower court’s ruling set a dangerous precedent by declaring the clauses as lawful by default and imposing an "unprecedented" burden on regulators to re-analyze settled legal issues. Commission lawyer Anthony Dawes said, “This finding turns case law ​on its head.”

A court advisor is scheduled to issue a non-binding opinion on November 12, with a final ruling from the CJEU expected in the following months.