Jurisdiction(s):
United Kingdom

Key definition

Article 102 definition

What does Article 102 mean? In practice, “Article 102” refers to the EU competition law rule that bans undertakings with market power from abusing a dominant position in a substantial part of the internal market where the conduct affects trade between Member States. It is set out in Article 102 of the Treaty on the Functioning of the European Union and shaped by extensive Court of Justice case law. Core features include: proof of dominance (the ability to act independently of competitive constraints); no need to show intent; and an abuse that is exploitative (for example, unfair pricing) or exclusionary (for example, predatory pricing,...

Case T-612/17 Google/Alphabet v Commission: EU General Court upholds Article 102 self-preferencing abuse in Google Shopping; €2.42bn fine confirmed; partial annulment for general search market

Published by a LexisNexis Competition expert

Practice notes

NOTE-appeal lodged before the Court of Justice in Case C- 48/22

See also timeline, commentary and related/relevant cases...

Case facts Outline

Appeal before the General Court against the European Commission’s decision finding an abuse of Article 102 TFEU by Google for granting its own comparison shopping service, Google Shopping, preferential placement and display in search results over rival comparison shopping sites (AT.39740)...

Latest development

On 10 November 2021, the General Court delivered its judgment, largely confirming the Commission’s decision. It agreed the Commission correctly concluded Google’s conduct harmed competition and rejected Google’s claim that the existence of merchant Platforms demonstrated vigorous competitive pressure. That said, the Court found the Commission had not shown that Google’s behaviour produced (even potential) anti‑competitive effects on the market for general search services, and therefore annulled the infringement finding for that market alone. Given the gravity of the breach and the intentional-rather than merely negligent-nature of the conduct, the General Court upheld the €2.42 million fine...

Parties

Applicants

Google and Alphabet

Defendant

European Commission (the Commission)

Background Commission investigation

The Commission formally opened an investigation in...

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Web page updated on 28/05/2026

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