Google is facing the risk of losing a lawsuit seeking the cancellation of a 6.5 trillion won penalty surcharge against the European Commission (EC).
According to foreign media, including Bloomberg, on the 19th (local time), Juliane Kokot, a research counselor at the European Court of Justice (ECJ), recommended to the court that it should dismiss Google's appeal against the 4.1 billion euro (6.5 trillion won) antitrust penalty surcharge.
Kokot noted in her opinion that "Google held a dominant position in several markets within the Android ecosystem" and that "this allowed them to create a structure that made users use Google Search and to access data that could be utilized to improve their services."
Although the research counselor's opinion is not binding, it is expected to adversely affect Google as the European Court of Justice has often taken this into consideration in final rulings. The final decision is usually made after several months.
The lawsuit filed by Google against the European Commission dates back to 2018. The European Commission imposed a penalty surcharge of 4.34 billion euros, arguing that Google abused its market dominance in the smartphone operating system (OS) for Android by requiring smartphone manufacturers to install Google apps like Chrome and Maps in order to use Google Play, thus limiting consumer choice.
This was the highest penalty surcharge imposed by the EU for antitrust violations. Google filed a lawsuit the following year, but the General Court of the EU supported the Commission's decision, stating there were no issues. However, the penalty surcharge amount was reduced by 5% to 4.125 billion euros, and Google appealed this to the European Court of Justice.
In response to Kokot's opinion, Google expressed that it is "disappointing" and claimed that if the court follows this opinion, it will lead to a downturn in investment and harm Android users.
Bloomberg reported that "Android has operated by imposing certain conditions on smartphone manufacturers in exchange for providing free software" and added that "the final ruling of the European Court of Justice could have a significant impact on the future of the Android business model."