Google has faced a fresh legal setback in Europe after a top EU court adviser backed regulators’ appeal. The case involves a €1.49 billion ($1.7 billion) antitrust fine previously overturned by a lower court. The original penalty concerned Google’s online advertising business and restrictions imposed on competing advertising providers.
On November 12, 2026, Advocate General Juliane Kokott recommended overturning the lower court’s 2024 judgment. She argued that the General Court made legal errors while examining Google’s advertising contracts and their effects on competition.
The dispute focuses on Google’s AdSense for Search service and its agreements with website publishers. Regulators alleged that these contracts restricted rival advertising providers from competing for website advertising space. The European Commission imposed the €1.49 billion fine in March 2019 over these practices.
According to the Court of Justice of the European Union’s official announcement, the lower court failed to properly assess Google’s contractual restrictions. Kokott believes the court did not adequately examine how these practices affected competition and excluded rival advertising providers.
EU Court Adviser Challenges Decision to Overturn Google’s €1.49 Billion Fine
The European Commission initially fined Google €1.49 billion in March 2019 over alleged violations of EU competition rules. Its investigation found that Google imposed restrictive conditions in agreements with website publishers between 2006 and 2016.
These restrictions affected publishers using Google’s AdSense for Search advertising service. The agreements limited publishers’ ability to display advertisements from competing search advertising providers.
The Commission identified three main types of restrictive conditions in Google’s publisher agreements. These included exclusivity requirements, advertising placement restrictions and approval requirements for competing advertisements.
According to the Commission, these conditions reduced opportunities for rival advertising providers to compete for website advertising space. Regulators concluded that Google’s contractual practices violated European Union antitrust rules.
Google stopped using or changed the disputed contractual conditions in September 2016. However, the company challenged the Commission’s findings and appealed against the €1.49 billion penalty.
In September 2024, the EU General Court overturned the European Commission’s decision to fine Google. The court found that the Commission had failed to properly assess important details, particularly the duration of the contractual restrictions.
Following this ruling, the European Commission appealed to the Court of Justice of the European Union. It challenged the General Court’s decision to cancel Google’s antitrust penalty.
Advocate General Says EU Court Made Legal Errors in Google’s Antitrust Case
In her latest opinion, Advocate General Juliane Kokott said the General Court applied excessive legal requirements. These requirements concerned the duration and competitive effects of Google’s contractual restrictions on website publishers.
She also argued that the lower court failed to connect its findings with relevant EU competition laws. In particular, its assessment did not properly address the legal standards for identifying abuse of market dominance.
Kokott recommended that the Court of Justice overturn the General Court’s September 2024 ruling. She also suggested returning the case to the lower court for another examination. However, the Advocate General’s opinion does not legally bind the Court of Justice.
The final ruling will come from the European Union’s highest court, which is expected to decide the case in 2027. The Court of Justice often considers its Advocates General’s recommendations when reviewing complex legal disputes. However, judges can reach a different conclusion because these opinions are not legally binding.
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Google Faces Continued EU Antitrust Pressure Over Its Business Practices
The Google AdSense case forms part of the company’s wider antitrust disputes with European competition regulators. Google has faced several major penalties over allegations involving its search engine, Android operating system and advertising technology business.
The AdSense penalty was one of six major antitrust fines imposed on Google by the European Commission. Together, these penalties amounted to approximately €10.38 billion over nearly two decades.
In July 2026, the Court of Justice upheld Google’s reduced €4.125 billion fine over its Android operating system practices. The European Commission had found that Google used contractual restrictions to strengthen its search engine and Chrome browser on Android devices.
Google also faces separate regulatory challenges over its advertising technology business and compliance with the EU’s Digital Markets Act. These cases add to growing regulatory pressure on the company’s business practices across Europe.
The latest Advocate General’s opinion marks another development in Google’s ongoing European antitrust disputes. If the Court of Justice follows Kokott’s recommendation, the General Court must reconsider the original AdSense penalty.
However, Google has not automatically lost its previous court victory, and the €1.49 billion fine remains overturned. The final outcome depends on the Court of Justice’s upcoming judgment and any further proceedings before the lower court.
