Three years after receiving a record fine from the European Commission alongside an order to stop abusing its control of the Android operating system, Google is set to have its day in court.
Back in 2018 the company was fined €4.34bn (£3.8bn) for forcing phone makers to pre-install apps including Google Search and Chrome to the exclusion of other search engines and web browsers.
The fine was a fraction of the €116bn (£99bn) parent company Alphabet recorded in revenues that year, but the real cost to the company was the threat to its future income if smartphones landed in consumers’ hands without Google apps already installed.
Google’s five-day appeal against the decision is being heard at European Court of Justice in Luxembourg, where the company hopes to have the Commission’s decision annulled in its entirety.
A failure to do so could completely reshape the smartphone landscape, but other challenges targeting Google inside the US pose a far more significant risk to the company and could lead to the search giant being broken up into several smaller businesses.
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Image: Google’s appeal will be heard in Luxembourg from Monday
Breaking up monopolies
While there are an over-abundance of comparisons between the oil industry of the late 19th century and the tech industry of today, the slow movement of regulators is one of the most striking similarities.
It was in 1890 that US Congress passed a law to tackle the monopolies which had sprung up over the preceding half century, but it took more than three decades for that law to be used to break up Standard Oil, a company which by 1904 controlled more than 90% of oil production in America.
Standard Oil’s business excelled due to its innovations in refining oil, but also because the company had rapaciously acquired rivals and used its commercial heft to strike deals with railroad companies (themselves a target for early antitrust action) at discounted rates which the remaining oil businesses could not compete with.
In a landmark ruling in 1911, the US Supreme Court upheld that Standard Oil was an illegal monopoly and ordered it to be broken up into 34 independent companies. Though that power is not available to the European Commission, there is a growing movement in the US calling for similar actions to be taken against tech giants whom some believe are guilty of the same anticompetitive practices.
Image: Standard Oil controlled more than 90% of US oil production at its height
Modern antitrust law
Google is a very different company to Standard Oil, but the alleged unfairness of its practices – using its control of Android to force phone manufacturers who want to include the Google Play app store on their phones to also pre-install Google Search and Chrome – follows the same model of undermining rivals.
The investigation into Google coercing phone manufacturers formally began in 2015, although the Commission made its first enquiries about the company’s practices in 2013 when an association of Google’s rivals calling itself FairSearch lodged a complaint against its business practices.
The ruling came three years later in 2018 and now, three years later, Google’s appeal has reached the European Court of Justice. Thomas Vinje, counsel to FairSearch and partner at law firm Clifford Chance, told Sky News he expected there could be another appeal after the hearing in Luxembourg.
“Antitrust enforcement is not, on its own at least, sufficiently robust, sufficiently effective, to be able to address these really extraordinary concerns. I’m not sure the world has ever faced a situation where there is such a concentration of power in such a central element of today’s economy, and antitrust law is not up to the task,” he said.
“That is largely because they’re complex cases,” Mr Vinje explained.
“They’re more complex than rail roads or oil distribution – I’m not saying those are simple – but the issues faced in Big Tech today are a hell of a lot more complicated. So there is a hell of a lot more room for obfuscation… and dragging things out.
“So by virtue of the completely appropriate rights that defendants have in these cases, the cases just take too long.”
Image: The Commission accused Google of attempting to cement the dominance of Google Search
What is Google’s response and appeal?
Google, which claims the most popular search term on rival search engines such as Bing is the word “Google” itself and which controls more than 90% of the market for web searches, disputes the Commission’s arguments about its dominance, although that won’t feature prominently in its arguments next week.
In a news briefing ahead of the hearing, the company explained to journalists that it believes a lot has changed in the years since the Commission issued its decision.
Key to Google’s appeal is the argument that its control ensures Android is a platform which can run across millions of smart devices made by different manufacturers, increasing the economic benefits for developers – including rival web browser makers such as Opera, which is supporting Google’s appeal – and ultimately consumers.
Google will note that a revenue sharing agreement it had with phone manufacturers and mobile network operators, cited as an illegal contractual restriction by the Commission, ended in 2014.
The company also strongly disputes the way that the Commission calculated the €4.34bn (£3.8bn) fine, something the Commission said was “calculated on the basis of the value of Google’s revenue from search advertising services on Android devices” inside the European Economic Area.
Image: The US Department of Justice has filed charges against Google
What is the threat in the US?
Even if Google succeeds in getting the Commission’s decision annulled or amended, it faces three more challenges in the US which are backed by severe powers to tackle monopolies.
The first complaint was filed last October in a case led by the Trump administration’s Department of Justice and joined by 11 states – though with apparent bipartisan support – charging Alphabet with “unlawfully maintaining monopolies in the markets for general search services”.
Two more cases were brought against Google in December.
One from the attorneys general of 35 states accuses the company of anticompetitive practices in order to retain its dominance in search, while another filed by the attorneys general from 10 states focuses on the company’s monopoly power in digital advertising markets.
Google has denied engaging in anticompetitive practices.
This – along with reported perks such as meals sent to her dormitory room, late-night workouts and permission to shower when other inmates are in bed – have led some critics to claim she is receiving “VIP treatment”.
Image: Maxwell is now serving her sentence at Federal Prison Camp Bryan in Texas. AP file pic
Describing conditions at Federal Prison Camp Bryan, Maxwell wrote to a relative: “The food is legions better, the place is clean, the staff polite… I haven’t heard or seen the usual foul language or screaming accompanied by threats levelled by inmates by anyone.
“I have not seen a single fight, drug deal, passed out person or naked inmate running around or several of them congregating in a shower! In other words, I feel like I have dropped through Alice in Wonderland’s looking glass.”
Some of Maxwell’s new inmates have told The Wall Street Journal that they have been threatened with retaliation if they speak about her to the media – with reports suggesting at least one was transferred.
Image: Ghislaine Maxwell
Her lawyer David Oscar Markus told NBC News: “There’s nothing journalistic about publishing a prisoner’s private emails, including ones with her lawyers. That’s tabloid behaviour, not responsible reporting.
“Anyone still interested in that kind of gossip reveals far more about themselves than about Ghislaine. It’s time to get over the fact that she is in a safer facility. We should want that for everyone.”
Meanwhile, Maxwell’s brother Ian said their messages were ” private by their very nature” – and if they were sent to a reporter, “they were stolen and leaked without authorisation”.
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2:03
‘I don’t believe Epstein died by suicide’ – Maxwell
Federal Prison Camp Bryan is located in a residential area, ringed with barbed wire and houses about 635 prisoners – and Maxwell’s arrival over the summer sparked protests.
One demonstrator said back in August: “It’s brought a lot of attention to our town that we haven’t consented for. We don’t want a child sex trafficker here.”
Mr Trump told reporters at the time that he was planning to speak to the Justice Department and “would have to take a look” at whether he would consider clemency.
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1:47
Congress calls Andrew: New repercussions for royals?
Epstein died by suicide while awaiting trial on sex trafficking charges back in 2019, but pressure remains on those who had connections to the disgraced financier.
Earlier this week, the US Congress wrote to Andrew Mountbatten Windsor – who has now been stripped of his royal titles by the King – requesting an interview about his “long-standing friendship” with Epstein.
US officials have issued an emergency order banning flights of the model of plane involved in a deadly crash in Kentucky last week, pending inspection.
The Federal Aviation Administration (FAA) issued the Emergency Airworthiness Directive (AD) for McDonnell Douglas MD-11 aircraft after a UPS plane bound for Honolulu crashed on take-off in Louisville on Tuesday evening, killing 14 people. The victims included three pilots.
The FAA said the order, which came following a recommendation by its manufacturer Boeing, was prompted after “an accident where the left-hand engine and pylon detached from the airplane”.
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1:55
Fire and debris after fatal cargo plane crash
A spokesperson for the authority added: “The cause of the detachment is currently under investigation. This condition could result in the loss of continued safe flight and landing.
“The FAA is issuing this AD because the agency has determined the unsafe condition is likely to exist or develop in other products of the same type design.
“The AD prohibits further flight until the airplane is inspected and all applicable corrective actions are performed.”
The MD-11 was first manufactured by McDonnell Douglas in 1988, until its merger with Boeing in 1997.
Image: A UPS MD11 landing at Philadelphia airport in March 2025. Pic: Wikipedia/Hamproductions
It was once used by commercial airlines, including Finnair and KLM, as a passenger jet, but was retired in 2014, and is now used only as a freight plane.
Government shutdown impacts commercial flights
It came as more than 1,300 commercial flights were cancelled in the US on Saturday because of an FAA order, unrelated to the Kentucky crash, to reduce air traffic amid the ongoing government shutdown.
The deadlock in Washington has resulted in shortages of air traffic control staff, who have not been paid for weeks.
Officials have warned that the number of daily cancellations could rise in the coming days unless the political row is resolved.
Hungary has been given a one-year exemption from US sanctions on using Russian energy, a White House official has said, after its Prime Minister Viktor Orban met with Donald Trump in the White House.
Mr Orban succeeded in convincing the US president to allow Hungary to continue importing Russian oil and gas without being subject to the sanctions Mr Trump‘s administration had placed on Russian fossil fuels.
Hungary has been under heavy pressure from the European Union to end its reliance on Russian energy.
The EU has mostly heavily cut or ceased its imports of Russian oil and gas.
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2:08
Will US sanctions on Russian oil hurt the Kremlin?
Mr Orban, the country’s nationalist leader and a long-time ally of Mr Trump, has described access to Russian energy as a “vital” issue for his landlocked country.
He said he planned to discuss with Mr Trump the “consequences for the Hungarian people” if the sanctions came into effect.
Speaking at a news conference after his talks with Mr Trump, Mr Orban said Hungary had “been granted a complete exemption from sanctions” affecting Russian gas delivered to Hungary from the TurkStream pipeline and oil from the Druzhba pipeline.
“We asked the president to lift the sanctions,” Mr Orban said. “We agreed and the president decided, and he said that the sanctions will not be applied to these two pipelines.”
Mr Trump appeared to be sympathetic to Mr Orban’s pleas.
“We’re looking at it, because it’s very different for him to get the oil and gas from other areas,” he said.
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2:43
Why did Trump sanction Russian oil?
“As you know, they don’t have … the advantage of having sea. It’s a great country, it’s a big country, but they don’t have sea. They don’t have the ports.”
He added: “But many European countries are buying oil and gas from Russia, and they have been for years. And I said, ‘What’s that all about?'”
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0:47
Putin: US sanctions are an ‘unfriendly act’
Orban says ‘miracle can happen’ in Ukraine war
Mr Trump and Mr Orban also discussed the war in Ukraine, with the US president saying: “The basic dispute is they just don’t want to stop yet. And I think they will.”
The president asked Mr Orban if he thought Ukraine could win the war, with the prime minister saying a “miracle can happen”.
Hungary reliant on Russian gas and oil
As part of the discussions, Hungary agreed to buy US liquefied natural gas (LNG), the US state department said, noting contracts were expected to be worth around $600m (£455m).
The two nations also agreed to work together on nuclear energy, including small modular reactors.
Mr Orban also said Hungary will also purchase nuclear fuel from the US-based Westinghouse Electric Company to power its Paks nuclear plant, which has until now relied on Russian-supplied nuclear fuel.
International Monetary Fund figures show Hungary relied on Russia for 74% of its gas and 86% of its oil last year. It warned an EU-wide cutoff of Russian natural gas could result in output losses in Hungary exceeding 4% of its GDP.