Google It may not have permanently escaped one of its major European sanctions. Canceled in 2024, the fine of 1,490 million euros imposed on the American group for anti-competitive practices linked to AdSense returns to the center of the legal debate. On November 12, the attorney general of the Court of Justice of the European Union (CJEU), Juliane Kokott, recommended questioning the ruling that ruled in favor of Google. A new step that could relaunch the case.
AdSense at the center of a conflict with Brussels
The case dates back to March 2019. The European Commission subsequently sanctioned Google for exploiting its dominant position in search engine advertising. Between 2006 and 2016, some contracts offered to site publishers using AdSense for search included restrictions that limited the presence of competing advertising services.
Three mechanisms were attacked in particular: exclusivity clauses, provisions that reserve the most visible advertising places for Google, and obligations for prior validation of certain modifications. According to Brussels, this set of practices had hindered competition in the online advertising market.
As expected, Google challenged the decision. In September 2024, the General Court of the European Union annulled the sanction, considering that the Commission had not sufficiently demonstrated certain elements, in particular those relating to the duration of contractual relations and the effects of restrictions on the market.
A new judicial review, but no immediate fine
Juliane Kokott considers that the Court applied too strict requirements to assess the anti-competitive effects of contracts. Therefore, the lawyer recommends that the CJEU annul its 2024 ruling and return the case to this court for a new examination.
However, this position does not constitute a final decision. The conclusions of an advocate general enlighten the judges, but do not bind them. The Court has not yet issued a ruling, scheduled for 2027.
Even if you follow this recommendation, Google will not automatically have to pay the 1.49 billion euros. The Court will have to repeat the analysis and may also reexamine certain elements of the penalty amount.
