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EU competition update: CJEU upholds Google Shopping abuse fine; confirms Commission’s Apple-Ireland State aid decision; merger clearance and decision publications (10 September 2024)

Published on: 10 September 2024

Published by a LexisNexis Competition expert
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Antitrust Court of Justice upholds €2.4bn fine against Google for favouring its own comparison shopping service

The Court of Justice delivered its ruling in Case C- 48/22 P Google and Alphabet v Commission, an appeal challenging the General Court’s judgment in Case T- 612/17, which had mostly rejected an action to annul the Commission’s 2017 decision imposing a €2.4bn penalty on Google for abusing its dominant position across several national online search markets by conferring an unlawful advantage on its own comparison shopping service (AT.39740).

In line with Advocate General Kokott’s opinion, the Court dismissed the appeal in its entirety, thereby confirming the General Court’s judgment.

By way of context, on 27 June 2017 the Commission issued an infringement decision finding that Google abused its dominance in 13 national markets for general online search (GOS) by favouring its own comparison shopping service (CSS) over rivals’ services. In particular, Google displayed results from its own CSS in a foremost position and boosted their visibility in ‘boxes’ accompanied by attractive image and text information...

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