EU Intensifies Big Tech Antitrust Enforcement
Europe's highest court upheld a €4.125 billion fine against Google, a lower court affirmed Apple's 'gatekeeper' status, and regulators issued new charges under the Digital Markets Act.
European courts and regulators issued a series of landmark decisions reinforcing a strict competition law and regulatory posture toward major technology platforms. The EU’s highest court, the European Court of Justice, dismissed Google’s final appeal in the Android case, cementing a €4.125 billion fine for unlawfully tying its search and browser apps to protect its market dominance. Separately, the EU General Court upheld the European Commission's decision to designate Apple a “gatekeeper” for its iOS operating system and App Store under the new Digital Markets Act (DMA), rejecting Apple's argument that its various app stores were separate services.
These rulings validate the Commission’s expansive enforcement authority and its interpretation of new digital regulations. They create significant legal and business risks for designated gatekeepers and any company operating within their ecosystems. In a related move, the Commission issued its first DMA non-compliance decisions, fining Google for self-preferencing in search results and restrictive app store policies. Counsel for clients in the digital sector should urgently review DMA compliance programs, as courts appear willing to back the regulator’s aggressive enforcement stance. Future DMA investigations and potential appeals of these new decisions are the key developments to watch.