Google has lost its fight to overturn a €4.3 billion fine, as European courts agreed on a ruling by EU antitrust regulators which found the company had used its android operating system to surpass its rivals.

The court backed the EU regulator’s ruling that Google had breached competition rules by requiring phone manufacturers to install Google’s browser and search apps as a condition for carrying Google’s Play app store.

The fine of €4.3 billon was reduced by five per cent to €4.1 billion after faults were found in some of the regulator’s analysis and findings. This meant that Google’s right to a fair hearing had partly been infringed, said the courts.

The fine is the largest ever fine imposed by a competition authority in Europe.

“The Court of Commons substantially confirms the Commission’s decision that Google has imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to strengthen its search engine dominant position,” the court said.

Google will be able to appeal the decision in the European Court of Justice, the highest court in the EU.

The company is also facing challenges from the Netherlands and the UK over alleged anti-competitive conduct in relation to its ad tech.

“In order to better reflect the seriousness and duration of the breach, the Court of General deems it appropriate to fine Google €4.125 billion, the logic of which differs in some respects from the Commission’s reasoning,” the judges said.

National Technology News has approached Google for comment.

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