Alphabet unit Google requested that the Court of Justice of the European Union (CJEU) uphold a lower court decision to annul a €1.49 billion ($1.7 billion) antitrust fine. The fine was originally imposed by the European Commission in 2019, which alleged that Google used restrictive clauses in contracts with publishers to hinder competition in search advertising between 2006 and 2016.
In 2024, the EU's General Court scrapped the penalty, citing errors in the Commission's assessment of the case. During the appeal hearing on Wednesday, Google's legal representative argued that the Commission's new claims were flawed and that regulators had ignored evidence showing that competitors had opportunities to operate in the market.
Lawyers for the European Commission countered that the lower court's ruling set a problematic precedent that contradicted established case law by treating exclusive clauses as lawful by default. A court adviser is scheduled to release a non-binding opinion on November 12, with a final ruling from the CJEU expected in the following months.