Official Journal of the European Union

C series

—

C/2025/394

27.1.2025

(Case C-826/24 P)

(C/2025/394)

Language of the case: English

Parties

Appellant: European Commission (represented by: F. Castillo de la Torre, A. Dawes, T. Franchoo and C. Urraca Caviedes, acting as Agents)

Other parties to the proceedings: Google LLC and Alphabet Inc., Surfboard Holding BV, Vinden.NL BV

Form of order sought

The appellant claims that the Court should:

—set aside the judgment under appeal;

—dismiss the action of Google LLC and of Alphabet Inc. in so far as it challenges the capability to restrict competition of the exclusivity clause between 1 January 2006 and 31 December 2015, of the placement clause between 31 March 2009 and 31 December 2015 and of the prior authorisation clause between 31 March 2009 and 31 December 2015;

—order Google LLC and Alphabet Inc to bear their own costs and to pay those incurred by the Commission in the appeal and at first instance; or

—in the alternative, refer the case back to the General Court and order that costs be reserved.

Pleas in law and main arguments

The appellant relies on four grounds of appeal.

First, the General Court errs in law when it concludes that the contested decision did not correctly analyse the capability to restrict competition of the exclusivity clause between 1 January 2006 and 31 December 2015.

Second, the General Court errs in law when it concludes that the contested decision did not correctly analyse the capability to restrict competition of the placement clause between 31 March 2009 and 31 December 2015.

Third, the General Court errs in law when it concludes that the contested decision did not correctly analyse the capability to restrict competition of the prior authorisation clause between 31 March 2009 and 31 December 2015.

Fourth, the General Court errs in law when it concludes that the single and continuous infringement established by the contested decision was characterised only in so far as it consisted of three separate infringements.