Europe Confirms Record €4.1B Penalty Against Google for Android Practices
July 02, 2026 
EU’s top court upheld a €4.1B fine against Google, ruling it abused Android’s market dominance through restrictive licensing practices.
The Court of Justice of the European Union issued its ruling on July 2, 2026, and Google lost. The court dismissed the appeal brought by Google and its parent company Alphabet against an earlier judgment from the General Court, confirming a fine of €4,125,000,000. Alphabet is jointly and severally liable for €1,520,605,895 of that amount.
The case goes back to 2018, when the European Commission concluded that Google had abused its dominant market position through three categories of restrictions built into its Android licensing arrangements. Device manufacturers who wanted access to Google’s Play Store had to pre-install Google Search and Chrome. To get the licences needed for those apps, they also had to agree not to sell devices running Android versions that Google hadn’t approved. And Google paid manufacturers and mobile operators a share of its advertising revenue on the condition that they didn’t pre-install a competing search engine on a defined set of devices. The Commission concluded all three formed a single, coordinated strategy to protect Google’s search dominance, and fined the company €4,342,865,000.
The General Court reviewed the case in 2022 and agreed that the conduct was a single and continuous infringement. It annulled one piece of the Commission’s decision: the part dealing with revenue share agreements tied to the exclusive pre-installation of Google Search on a predefined device portfolio. That partial annulment led the court to recalculate the fine downward to €4.125 billion. Everything else held.
Google and Alphabet then appealed to the Court of Justice, the EU’s highest court, arguing the General Court had made legal errors in its analysis. The Court of Justice went through those arguments and rejected them all.
“The appeal brought by Google and its parent company Alphabet against the judgment of the General Court is dismissed, thereby confirming the penalty imposed for Google Search’s abuse of a dominant position in the context of the Android operating system.” the court’s press release states. “In 2018, the European Commission adopted a decision in which it concluded 1 that Google had abused its dominant position by requiring, in particular through pre-installation agreements and licensing conditions for certain apps, that its search engine, Google Search, and its Chrome browser be promoted on mobile devices running the Android operating system, which is also provided by Google. 2 It therefore found a single and continuous infringement covering the whole of that conduct and imposed an overall fine on Google of €4 342 865 000, with Alphabet jointly and severally liable as to €1 921 666 000.”
Google’s first argument was that the General Court assessed the anticompetitive effects of the pre-installation conditions incorrectly, in particular, that it should have run a counterfactual analysis to show what the market would have looked like without those conditions. However, the Court of Justice disagreed and confirmed the General Court was entitled to look at the full economic context, including the revenue share agreements, without needing to run a formal counterfactual test. The court also confirmed the finding that pre-installed apps enjoy a status quo bias, meaning users are less likely to switch away from them, and that Google hadn’t shown that user preferences or the quality of its services alone explained its market position.
On the pre-installation conditions specifically, Google argued that proving abuse of a dominant position requires showing the conduct could exclude competitors that are equally efficient. The Court of Justice rejected that too.
“Second, the General Court did not err in law by confirming the Commission’s assessment of the pre-installation conditions laid down by the Android agreements. Demonstrating an abuse of a dominant position is not conditional in any case on proof of a capability to foreclose only as-efficient competitors.” continues the press release. “Given the particular characteristics of the digital markets concerned, the General Court was entitled to conclude that those practices were liable to restrict competition and strengthen barriers to entry without applying that test.”
On the anti-fragmentation agreements, which required manufacturers to avoid selling devices running unapproved Android forks, the Court of Justice again sided with the General Court. Those agreements limited the commercial space for Android versions Google hadn’t blessed, which reinforced its dominant position. A counterfactual analysis wasn’t necessary because the anticompetitive effects were already sufficiently established on the facts.
Google also challenged how the fine was calculated, invoking procedural arguments including rights of defence. The Court of Justice endorsed the General Court’s use of its unlimited jurisdiction to set the penalty amount, ruling that the reasoning was sufficient and the procedural principles were respected.
“The Court of Justice endorses the exercise by the General Court of its unlimited jurisdiction to set the amount of the fine, ruling that its reasons were sufficient and that the procedural principles invoked by Google and Alphabet, including rights of defence, were adhered to.” states the report.
Google is disappointed with the ruling.
“We are disappointed with the ruling. Android has given people more choice, not less, enabling thousands of device makers to build affordable smartphones and giving billions of people access to a wide range of apps and services. We will review the judgment carefully.” the company said in a statement.
This is the end of the road for this particular case. The Court of Justice is the EU’s highest court on points of law. There’s no further appeal. The €4.1 billion fine stands, and the legal framework the Commission used to reach that conclusion has now been validated at every level of the EU court system.
The case also sets a precedent for how digital markets get treated under EU competition law. The court confirmed that the standard test used in traditional markets, whether conduct excludes equally efficient competitors, doesn’t automatically apply in digital contexts. That has implications well beyond Google. Any company with a dominant platform position in the EU now knows that structuring licensing arrangements to steer users toward its own products carries real legal risk, even if it can argue its products are genuinely better.
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Pierluigi Paganini
(SecurityAffairs – hacking, Google)
