• by Laurie Sullivan  @lauriesullivan, 11 hours ago

Google faced a setback on Thursday after an advisor to Europe's top court agreed with Brussels regulators that the tech giant had used its Android mobile phone operating system to suppress rivals.

Advocate-general of the European Court of Justice -- the EU’s highest court -- Juliane Kokott said the court should uphold the multibillion-dollar fine, €4.12bn, issued against Google.

The opinion about the Android case from 2018 is not legally binding, but precedes a ruling by the court in the coming months.

It also provides a positive boost to the European Commission, which wants to enforce new rules aimed at holding Google accountable for monopolies and holding back competitors.

In 2018, the EU accused Google of imposing illegal restrictions on Android device makers and mobile network operators to obtain and maintain a dominant position in internet search. 

The document published by the Court of Justice of the European Union notes: “In her Opinion delivered today, Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and, therefore, uphold the judgment of the General Court.”

The full text of the opinion and case can be found on the InfoCuria website. The document summarizes the court’s case.

It reads that the “General Court set out the background to the dispute in paragraphs 2 to 72 of the judgment under appeal" which is "for the purposes of these appeal proceedings,” and summarizes each.

A Google spokesperson told the Financial Times it was " 'disappointed' with the opinion," and that "Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world."