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Google urges EU court to annul decision over fine

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EU fine stifles rather than protects competition, Google

argues

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EU court's final decision expected in coming months

By Foo Yun Chee

BRUSSELS, Jan 28 (Reuters) -

A record EU antitrust fine of 4.3-billion-euro ($4.5

billion) imposed on Google seven years ago punished the tech

giant over its innovation, the Alphabet unit told

Europe's top court on Tuesday, as it asked judges to scrap the

EU decision.

Google's appeal to the Luxembourg-based Court of Justice of the

European Union comes two years after a lower tribunal sided with

the European Commission which said the company used its Android

mobile operating system to quash rivals.

The lower court trimmed 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, when it seeks to reshape markets and

second-guess pro-competitive business models, and when it

imposes multi-billion-euro fines," Google lawyer Alfonso

Lamadrid told the court.

"In this case, the Commission failed to discharge its burden

and its responsibility and, relying on multiple errors of law,

punished Google for its superior merits, attractiveness and

innovation," he said.

Lamadrid defended Google's agreements which forced phone

manufacturers to pre-install Google Search, the Chrome browser

and the Google Play app store on their Android devices, and

prevented them from using rival Android systems.

EU antitrust enforcers had said such requirements thwarted

competition.

Lamadrid argued that "these agreements and conditions did

not restrict competition, they fostered it."

Judges will rule in the coming months. Their decision would

be final and cannot be appealed. Google is currently in the EU

crosshairs over its lucrative ad tech business, over which a

decision is likely this year.

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

($1 = 0.9533 euros)