Well, I believe the court has considered their position and feels that "punishing" google is not a matter of commercial success but of anti trust law (the "companies don't have inner pressure to be moral" argument).
One's opinion as to whether the court is acting in good faith with regards to its mandate is a matter of faith, I'll concede that; I personnaly have more faith in our individual ability to reorient the court/EUs mandate than to exercise pressure on google/corporations who are filling the new power center that comes with the internet and mass information distribution.
Important correction its not the court its the commission. It seems similar to prosecutor handing down the sentence and burden of proof hence falls upon the accused
