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Google Appeals Record EU Antitrust Fine Over Android Practices

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Google is appealing a 4.3 billion euro antitrust fine imposed by the EU, with claims it punished the company for its innovation rather than anti-competitive behaviour.

BRUSSELS, Jan 28 (Reuters) - A record EU antitrust fine of 4.3 billion euros imposed on Google seven years ago penalised the tech giant for its innovation, claimed the Alphabet unit.

Google's appeal to the Luxembourg-based Court of Justice of the European Union comes two years after a lower tribunal supported the European Commission’s stance that the company used its Android mobile operating system to hinder competitors.

The lower court had reduced the fine to 4.1 billion euros.

"Google does not contest or shy away from its responsibility under the law, but the Commission also has a responsibility when it runs investigations, seeks to reshape markets and second-guesses pro-competitive business models, and imposes multi-billion-euro fines," Google lawyer Alfonso Lamadrid stated during the proceedings.

Lamadrid argued that the Commission failed to fulfil its responsibilities and that Google's agreements, which required phone manufacturers to pre-install Google Search, the Chrome browser, and the Google Play app store on their Android devices, were not anti-competitive.

"These agreements and conditions did not restrict competition; they fostered it," he asserted.

EU antitrust enforcers, however, claimed such requirements stifled competition.

Judges are expected to rule in the coming months, with their decision being final and non-appealable. The case occurs as Google faces new scrutiny over its lucrative ad tech business, with a ruling anticipated this year.

The case is identified as C-738/22 P - Google and Alphabet v Commission.

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