The Advocate General's Opinion in the case C-738/22 P, concerning Google and its parent company Alphabet, suggests that the Court of Justice should uphold a significant fine imposed by the European Commission. This fine, amounting to €4.124 billion, stems from Google's anticompetitive practices related to its Android operating system.

In July 2018, the European Commission found that Google had abused its dominant position by enforcing restrictive contractual agreements with mobile device manufacturers and network operators. These restrictions included requiring manufacturers to pre-install Google’s search app and Chrome browser to access the Play Store, prohibiting the sale of devices with unauthorized Android versions, and linking advertising revenue sharing to the non-pre-installation of competing search services.

The Commission characterized these actions as a single and continuous infringement aimed at maintaining Google's dominance in the search services market, particularly as mobile internet usage surged. Google contested this decision, leading to a partial annulment by the General Court in September 2022, which reduced the fine but upheld the majority of the Commission's findings.

Advocate General Kokott's opinion emphasizes that the General Court's assessment of the facts is not subject to challenge and that Google's legal arguments lack merit. The opinion also supports the notion that the bundling of services by Google unfairly influenced user choices, thereby restricting competition. Furthermore, it asserts that the General Court correctly identified a continuous infringement despite the annulment of the revenue-sharing aspect of the case.

As the Court of Justice deliberates on this matter, the Advocate General's opinion, while influential, is not binding. The final judgment will determine the outcome of Google's appeal and the implications for competition law in the tech industry.