The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android)

In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”). [1] The Court also found that the Commission’s investigation suffered from procedural errors. It reduced the fine by €200 million. The Court upheld the Commission’s finding of abuse regarding the tying of certain Google apps. It also maintained the Commission’s finding that Google had unlawfully restricted competition from alternative versions of Android via its anti-fragmentation agreements. The judgment nonetheless underscores the Commission’s obligation to examine alleged exclusionary effects rigorously. This judgment is the third annulment of

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Authors

  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)

Quotation

Nicholas Levy, Henry Mostyn, Paul Stuart, Patrick Todd, The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android), 21 October 2022, e-Competitions October 2022, Art. N° 109329

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