Google asks EU top court to uphold ruling отменing $1.7 billion antitrust fine

• Google argues the European Commission ignored evidence showing rivals had substantial opportunities to compete, and that the General Court's reasoning was clear and complete
• The Commission contends the lower court imposed unprecedented burdens on regulators and effectively treats exclusive clauses as lawful by default
• A non-binding court opinion is expected November 12, 2026, with a final ruling in following months; the lower court's annulment marked a rare setback for EU regulators

Summary

Google is urging the European Union's top court to uphold a 2024 ruling that canceled a €1.49 billion ($1.7 billion) antitrust fine originally imposed in 2019. The case centers on allegations that Google used restrictive contract clauses from 2006 to 2016 to prevent rivals from placing search advertisements on publisher websites through its AdSense platform, thereby reinforcing its dominance in online search advertising.

The European Commission appealed the 2024 General Court decision, which had scrapped the fine due to errors in the Commission's assessment. Google's lawyer, Josh Holmes, argued before the Court of Justice that the Commission's arguments are flawed and that regulators ignored evidence showing competitors had substantial opportunities to compete. The Commission's lawyer countered that the lower court imposed unprecedented analytical obligations on regulators and would effectively treat exclusive clauses as lawful by default.

Google removed the contested clauses from publisher agreements in 2016. A non-binding opinion from a court adviser is scheduled for November 12, with a final ruling expected in subsequent months.

This AdSense fine represents one of four EU antitrust penalties totaling €9.5 billion imposed on Google over nearly two decades of disputes with the Commission. The lower court's annulment of this fine marked a rare legal victory for Google and a setback for EU regulators.

The outcome carries significant implications for EU antitrust enforcement precedent and Google's financial exposure in Europe's regulatory landscape.