"Android promotes customer choice, remains an open platform, is interoperable, and is free," Google said in a press release responding to the court decision.
CJEU affirms General Court ruling and dismisses Google's final appeal
The Court of Justice of the European Union (CJEU) has dismissed Google's final appeal against an antitrust fine stemming from a 2018 European Commission decision, leaving intact a penalty widely reported as €4.1 billion ($4.7 billion). The CJEU affirmed the General Court's earlier assessment that Google's agreements around Android had anticompetitive effects and upheld the conclusion that those agreements restricted competition and strengthened Google's dominant position, according to the court's ruling [PDF].
Specific practices the Commission found illegal in 2018
The Commission's 2018 decision identified several contractual practices by Google within the Android ecosystem that it deemed abusive. The Commission highlighted:
- Requiring device manufacturers to pre-install Google Search and Chrome in order to license the Play Store.
- Requiring manufacturers not to sell devices running Android versions not approved by Google (anti-fragmentation agreements).
- Offering revenue-sharing agreements tied to the exclusive pre-installation of Google Search.
Legal history: from €4.34 billion to €4.125 billion, then to final appeal
The case has already moved through two prior judicial steps. In 2022 the General Court partially annulled the Commission's findings relating to some revenue-sharing agreements, reducing the original fine from €4.34 billion to €4.125 billion while otherwise upholding the Commission's decision. Google appealed that outcome, and the appeal was referred to the CJEU, which has now affirmed the lower court's ruling.
How the CJEU framed the evidentiary issue
In its ruling the CJEU accepted the General Court's method for assessing anticompetitive effects. The court found the General Court correctly evaluated the Android agreements and was not required to perform a counterfactual analysis in every instance to establish abuse of dominance. On that basis the CJEU concluded that pre-installation and anti-fragmentation agreements restricted competition within the Android ecosystem and reinforced Google's market position.
Google's response and product changes since 2018
Google responded with a press release reiterating that Android is an open, interoperable, and free platform and arguing the Commission's decision "does not reflect the realities of today's mobile ecosystem" while stressing the case was based on past market conditions. The company stated it has revised contractual practices since the 2018 decision, introduced additional user-choice measures in 2021, and implemented more than 20 targeted product changes after the Digital Markets Act (DMA) took effect in 2024 — including the addition of more choice screens.
Google also argued in its statement that the Commission underestimated the competitive pressure posed by Apple's iOS, which Google described as Android's primary rival among consumers and for developers deciding where to build apps, and that Android device manufacturers "compete intensely with one another on features, functionality, and pricing."
What this means for Android device manufacturers, EU regulators, and consumers
- Android device manufacturers: The courts' findings focus on contractual terms such as pre-installation requirements and anti-fragmentation agreements; manufacturers that accepted such terms are central to the ruling because those arrangements were the conduct the Commission found restrictive.
- EU regulators: The CJEU's acceptance that a counterfactual analysis is not required in every instance reinforces the General Court's approach to proving abuse of dominance and upholds the Commission's 2018 factual and legal framework as affirmed by the courts.
- Consumers: Google points to user-choice measures introduced in 2021 and additional choice screens implemented after the DMA; those are the product changes the company highlights as responses to regulatory scrutiny and marketplace shifts described in its statement.
The CJEU ruling closes this chapter of judicial review by dismissing Google's final appeal and leaving intact the Commission's 2018 findings as adjusted by the General Court. The courts have upheld that certain Android contractual practices restricted competition and strengthened Google's dominant position, while Google points to contractual revisions and product changes implemented since the original decision — including steps tied to the Digital Markets Act — as reflecting a changed ecosystem. The ruling therefore fixes a legal finding about past conduct while the company points to subsequent operational changes as its response to that finding.
