CJEU Advocate General's Opinion: Commission v Google and Alphabet (Google AdSense)
Why it matters
The Commission appeals a September 2024 General Court judgment that partially annulled its decision against Google and Alphabet regarding anticompetitive clauses in Google AdSense for Search. The Commission seeks to overturn the General Court's findings on three specific contractual restrictions: an exclusivity clause (1 January 2006–31 December 2015), a placement clause (31 March 2009–31 December 2015), and a prior authorisation clause (31 March 2009–31 December 2015). The Commission argues the General Court erred in concluding its original decision did not correctly analyse whether these clauses could restrict competition, and alternatively seeks to characterise the violations as a single continuous infringement rather than three separate ones.
What to watch
- Whether the Advocate General opinion previews a shift likely to influence the final judgment.
- Implications for digital-platform and media-market power, competition, state aid and market structure.
- Follow-up from the Commission, Council, national governments, regulators or affected companies after the court step.
- Whether the case creates a precedent that should be pinned as a durable legal or policy milestone.
- Case context: Competition; Court of Justice - Third Chamber; Advocate General - Kokott.
Sources
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