Antitrust: Commission fines Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service

Author (Corporate)
Series Title
Series Details IP/17/1784 (27.06.17)
Publication Date 27/06/2017
Content Type

Background:

Market dominance is not, as such, illegal under EU antitrust rules. However, it is considered that dominant companies have a special responsibility not to abuse their powerful market position by restricting competition.

The Commission considered Google to have abused its market dominance in general internet search bygiving a separate Google product - initially called 'Froogle', re-named 'Google Product Search' in 2008 and 'Google Shopping' in 2013 - an illegal advantage in the separate comparison shopping market. The fine of €2.42 billion takes account of the duration and gravity of the infringement.

Formal proceedings in this case were opened in November 2010, following a number of complaints by European and US competitors. After an initial investigation, Google sought to address the Commission's concerns by offering legally binding commitments. The feedback received from third parties showed these were not effective to fully address the concerns and Google did not submit a revised proposal.

Following unsuccessful attempts to solve the issue, two Statements of Objections were released in April 2015 and July 2016, setting out the Commission's preliminary conclusions and a range of additional evidence.

Separately, there are two other cases in which the European Commission concluded that Google abused a dominant position and were still at this point being investigated:

+ the Android operating system, amidst concerns Google stifled choice and innovation in a range of mobile apps and services by pursuing an overall strategy on mobile devices to protect and expand its dominant position in general internet search;

+ AdSense, where the Commission showed concerns that Google reduced choice by preventing third-party websites from sourcing search ads from Google's competitors.The European Commission announced on 27 June 2017 it had decided to fine Google €2.42 billion for breaching EU antitrust rules. The Commission argued the company had abused its market dominance as a search engine by giving an illegal advantage to another Google product, its comparison shopping service.

Google was told to end the conduct within 90 days in order not to face penalty payments of up to 5% of the average daily worldwide turnover of Alphabet, Google's parent company.

In a response published later in the day, Google showed its disagreement with the conclusions of the investigation and announced it would review the decision in detail towards a potential appeal.

Source Link Link to Main Source http://europa.eu/rapid/press-release_IP-17-1784_en.htm
Related Links
Official
European Commission: Press Release, 14/07/2016: Antitrust: Commission takes further steps in investigations alleging Google's comparison shopping and advertising-related practices breach EU rules http://europa.eu/rapid/press-release_IP-16-2532_en.htm
European Commission: Statement by Commissioner Vestager on further steps in antitrust investigations alleging Google's comparison shopping and advertising-related practices breach EU rules, 14 July 2016 http://europa.eu/rapid/press-release_STATEMENT-16-2535_en.htm

European Commission: DG Communication: MEMO/17/1785, 27.06.17: Antitrust: Commission fines Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service - Factsheet http://europa.eu/rapid/press-release_MEMO-17-1785_en.htm
European Commission: DG Communication: STATEMENT/17/1806, 27.06.17: Statement by Commissioner Vestager on Commission decision to fine Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service http://europa.eu/rapid/press-release_STATEMENT-17-1806_en.htm
Politico, 27.06.17: EU’s Vestager hits Google with €2.42 billion fine http://www.politico.eu/article/vestager-hits-google-with-e2-42-billion-fine/
The Independent, 27.06.17: Google hit with record EU fine over 'unfair' shopping searches http://www.independent.co.uk/news/business/news/google-eu-fine-latest-competition-shopping-searches-prepare-online-european-commission-results-a7809886.html
BBC News, 27.06.17: Google hit with record EU fine over Shopping service http://www.bbc.co.uk/news/technology-40406542
The Guardian, 27.06.17: Google fined record €2.4bn by EU over search engine results https://www.theguardian.com/business/2017/jun/27/google-braces-for-record-breaking-1bn-fine-from-eu
The New York Times, 27.06.17: Google Fined $2.7 Billion in E.U. Antitrust Ruling https://www.nytimes.com/2017/06/27/technology/eu-google-fine.html
The Wall Street Journal, 27.06.17: Google Slapped With $2.7 Billion EU Fine Over Search Results https://www.wsj.com/articles/google-slapped-with-2-7-billion-eu-fine-over-search-results-1498556971
Politico, 27.06.17: Margrethe Vestager’s Google decision risks messy endgame http://www.politico.eu/article/margrethe-vestagers-google-decision-risks-messy-endgame/
EurActiv, 27.06.17: Commission slaps record €2.4 bln anti-trust fine on Google http://www.euractiv.com/section/competition/news/commission-slaps-record-e2-4-bln-anti-trust-fine-on-google/
ESO: Find more information on the European Commission's Antitrust case against Google Shopping http://www.europeansources.info/advSearchLink?keyword=google%20online%20shopping&searchOption=all
Blog: LSE EuroppBlog, 28.06.17: Forget the record fine: The real impact of the Commission’s Google decision will be its effect on competition law http://blogs.lse.ac.uk/europpblog/2017/06/28/ec-google-decision-competition-law/
Blog: Google in Europe, 27.06.17: The European Commission decision on online shopping: the other side of the story https://www.blog.google/topics/google-europe/european-commission-decision-shopping-google-story/
Politico, 27.06.17: [Opinion]: €2.4 billion for Google Shopping? Really? http://www.politico.eu/article/google-eu-fine-opinion-e2-4-billion-for-google-shopping-really/
Euro|Topics: Debates, June 2017: Will the Google fine trigger a trade war? http://www.eurotopics.net/en/181589/will-the-google-fine-trigger-a-trade-war
Politico, 12-14.07.17: How Google could win its fight with Brussels http://www.politico.eu/article/google-fight-with-brussels-margrethe-vestager-antitrust-fine-technology-company/
EurActiv, 25.07.17: Alphabet profit hit by EU fine on Google http://www.euractiv.com/section/digital/news/alphabet-profit-hit-by-eu-fine-on-google/
Politico, 29.08.17: Google submits search changes to EU antitrust regulators http://www.politico.eu/article/google-propose-search-changes-to-eu-antitrust-regulators/
Politico, 15-18.09.17: Margrethe Vestager’s growing American fan club http://www.politico.eu/article/margrethe-vestagers-growing-american-fan-club/

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