Key Takeaways
- Google asked the Court of Justice of the EU to reject the Commission's appeal against the annulled €1.49 billion AdSense fine
- The General Court scrapped the fine in 2024, citing errors in how the Commission assessed Google's restrictive publisher contracts
- A court adviser will issue an opinion on November 12, with a final ruling expected in the following months
Google on Wednesday urged Europe's top court to throw out the European Commission's appeal against a 2024 ruling that annulled a €1.49 billion ($1.7 billion) antitrust fine. The company's lawyer told the Court of Justice of the European Union that the Commission's arguments were flawed and the lower court's reasoning was sound.
This is the third of three major EU antitrust cases against Google, and unlike the other two, it could end in Google's favor. The General Court annulled the AdSense fine last year after finding errors in the Commission's assessment. The regulator appealed, arguing the lower court had misinterpreted established case law.
What did the Commission accuse Google of doing?
The European Commission fined Google in 2019 for allegedly abusing its dominance in online search advertising. The regulator claimed Google used restrictive clauses in contracts with publishers that prevented them from displaying ads from rival search advertising platforms. According to the Commission, these practices ran from 2006 to 2016.
Google's AdSense platform provides search advertising to publishers. The company removed the contested clauses from publisher agreements in 2016, before the Commission even issued its formal decision.
Why did the General Court annul the fine?
In September 2024, the EU General Court ruled that the Commission failed to properly assess the duration and geographic scope of the restrictive clauses. The court found errors in how the regulator evaluated the case, which was enough to annul the entire fine.
Google's lawyer, Josh Holmes, told the five-judge panel that the Commission had ignored evidence showing Google's rivals had substantial opportunities to compete. "The Commission's new arguments are flawed. The General Court's reasons are clear and complete," Holmes said.
What is the Commission's argument on appeal?
Commission lawyer Anthony Dawes pushed back hard against the General Court's ruling. He argued that the lower court had imposed an unprecedented obligation on regulators to analyze issues that established case law had already settled.
“This finding turns case law on its head.”
— Anthony Dawes, European Commission lawyer
Dawes added that the General Court's reasoning would effectively treat exclusive clauses as lawful by default, which would undermine the Commission's ability to enforce competition rules. The regulator wants the CJEU to overturn the annulment and reinstate the fine.
Where does this fit in Google's EU antitrust history?
The AdSense case is part of a nearly two-decade dispute between Google and EU regulators that has cost the company €9.5 billion in fines across four cases. The other major cases fared differently at appeal.
The €2.4 billion Google Shopping fine was upheld by the courts. The €4.3 billion Android fine was largely upheld, though reduced slightly. The AdSense case is the only one where Google has won outright at the General Court level.
A court adviser is scheduled to issue a non-binding opinion on November 12. The final ruling from the CJEU, Europe's highest court, is expected in the following months. If the court dismisses the Commission's appeal, it would mark a rare legal setback for the EU's competition watchdog in a major tech case.
What happens next?
The November 12 opinion from the court adviser, known as an Advocate General, will signal which way the final ruling might go. These opinions are not binding, but the CJEU follows them in most cases. A ruling in Google's favor would close one chapter of the company's long battle with EU regulators, though other cases and investigations continue.
Logicity's Take
This case tests whether EU regulators can rely on case law shortcuts when proving antitrust violations, or whether they must conduct more granular analysis of each specific practice. If the CJEU sides with the General Court, future Commission investigations will face a higher evidentiary bar. For tech companies operating in Europe, that could mean more room to defend business practices that regulators have traditionally treated as presumptively anticompetitive. It won't end EU tech enforcement, but it might slow it down.
Frequently Asked Questions
How much has Google paid in EU antitrust fines?
Google has faced €9.5 billion in EU antitrust fines across four cases over nearly two decades. The AdSense fine of €1.49 billion was annulled by the General Court in 2024 and is now being appealed by the Commission.
What were the restrictive clauses in Google's AdSense contracts?
The Commission alleged Google required publishers to sign contracts that prevented them from displaying search ads from competing platforms. Google removed these clauses in 2016.
When will the CJEU rule on Google's AdSense case?
A court adviser will issue a non-binding opinion on November 12, 2025. The final ruling is expected in the months following that opinion.
Has Google won any EU antitrust appeals?
The AdSense case is the only major EU antitrust case where Google won at the General Court level. The Shopping and Android fines were upheld or largely upheld on appeal.
More on Google's recent challenges across products and markets
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Source: Tech-Economic Times / ET
Huma Shazia
Senior AI & Tech Writer
Produced with AI assistance and reviewed by the Logicity editorial team. Learn more in our Editorial Policy.
